Contractor fraud

[Lorrie Veitch]

colorado - We contracted with this man to do home repairs and paid him over $10,000. He completed,with subcontractors, only about half the work most of which was shoddy and carelessly done. He also damaged our floors and stereo speakers in the process. He has not contacted us or returned repeated phone calls and letters from an attorney and the BBB. My understanding is he is being sued by at least one other person he bilked .We signed a contract with him last Sept 6th.No work was done until December,and nothing since(we had contracted for a kitchen remodel and french doors and a full interior paint job ,etc that were never completed).Is he under criminal fraud statutes? Do we have recourse with the sheriff? Is small claims our only remedy. What if he leaves town? I have copies of the correspondence with him and cancelled signed checks from myself that he cashed etc. He has past our demanded time for a response.What would you recommend?

 

[JETX]

Q1) "Is he under criminal fraud statutes?"
A1) Possibly. Contact your county attorney and see if they have a 'consumer protection' department.

Q2) "Do we have recourse with the sheriff?"
A2) No.

Q3) "Is small claims our only remedy."
A3) No. In fact, small claims court can't be used due to the amount (CO limits small claims to less than $7500).

Q4) "What if he leaves town?"
A4) Depends on whether you have served him with your lawsuit. If he leaves, you may never find him for service. If he is served, you can at least get a default if he 'no shows'.

Read:
http://www.denbar.org/smlclms.htm