Landscape Contractor - Fraud

What is the name of your state? TX

I hired a landscaping contractor to do some work in my backyard. When I signed the contract, I was required to give him half of the money at that time (I was told he needed it to buy the supplies...sounded fair enough). Well, he took my check and deposited it the same day. Then he never showed up or called on the day he was scheduled to perform the work.

Every time I talk to him (when or if he decides to return my NUMEROUS voice mails), he has a different story or excuse as to why the work has not been done. I finally demanded that he return the money I had given him so I could hire someone else. He said he would be at my house on a certain day to give me my money. He didn't show up. He called and said he would mail me a cashiers check. I have not received it yet. It has been over a month since I signed the contract. All I want is my money back! What can I do?

Oh, and I know for a fact that he is a fraud, because he has 10 claims filed against him on the BBB website within the past 36 months, only 2 of which have been resolved. Sure wish I had seen that BEFORE I hired him.

Sue the bad guy in small claims court.

A thought for the future. If you sign a contract and the contractor's credit isn't good enough to buy the materials his business isn't really worth your time.
In eleven years of contracting I never once took money without atleast the material being delivered to the job first.