Contractor may have run away with my deposit

[frustratedindc]

What is the name of your state (only U.S. law)? Virginia

I found the contractor through Amazon's Home Service and booked them for an estimate in April 2016. I signed a contract with them for a front door installation in May 2016. They assured me the work would be done within 4 to 6 weeks and required that I pay half of the total cost as an upfront deposit ($1800) when signing the contract. I did so and gave them a check. After 6 weeks I reached out to inquire why the work had not yet started, they told me the door was on back order and would be delivered in a couple of weeks. After a couple of weeks had passed, I contacted them to inquire about the door delivery and install and have not heard back since. I last heard from them in July 2016. I have since attempted to call and email numerous times to cancel my contract and get my money back. It is now nearly November and they will not get back to me. Amazon has also attempted to contact them to no avail and, after getting several complaints from other customers, have suspended them from their Home Services site. They also suspended them for violating their policy of contracting outside of their site (ie conducting a transaction via check rather than through Amazon itself). Amazon is also investigating if they committed fraud as it appears the contractor signed for me that the work was completed. The signature in their system is not mine. I have also contacted the Better Business Bureau and the Office of the Attorney General of Virginia Consumer Protection Section with the complaint and neither them, nor Amazon have been able to get into contact with the company. The Office of the Attorney General has advised me to either seek legal counsel or go to Small Claims Court.

Do I have a case at Small Claims Court? What is the process and what should I bring? Should I hire an attorney?

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia

I found the contractor through Amazon's Home Service and booked them for an estimate in April 2016. I signed a contract with them for a front door installation in May 2016. They assured me the work would be done within 4 to 6 weeks and required that I pay half of the total cost as an upfront deposit ($1800) when signing the contract. I did so and gave them a check. After 6 weeks I reached out to inquire why the work had not yet started, they told me the door was on back order and would be delivered in a couple of weeks. After a couple of weeks had passed, I contacted them to inquire about the door delivery and install and have not heard back since. I last heard from them in July 2016. I have since attempted to call and email numerous times to cancel my contract and get my money back. It is now nearly November and they will not get back to me. Amazon has also attempted to contact them to no avail and, after getting several complaints from other customers, have suspended them from their Home Services site. They also suspended them for violating their policy of contracting outside of their site (ie conducting a transaction via check rather than through Amazon itself). Amazon is also investigating if they committed fraud as it appears the contractor signed for me that the work was completed. The signature in their system is not mine. I have also contacted the Better Business Bureau and the Office of the Attorney General of Virginia Consumer Protection Section with the complaint and neither them, nor Amazon have been able to get into contact with the company. The Office of the Attorney General has advised me to either seek legal counsel or go to Small Claims Court.

Do I have a case at Small Claims Court? What is the process and what should I bring? Should I hire an attorney?

You have a case but you have two potential problems 1) Finding the guy to serve him, 2) Collecting from him after you win.

 

[frustratedindc]

You have a case but you have two potential problems 1) Finding the guy to serve him, 2) Collecting from him after you win.

Thanks for the reply. So I think they are still working in the area. The contractor uses Angie's List and other home improvement sites and it appears they have done work for other customers recently. With that being the case, it may be possible to find them to be served. However, how difficult would it be to collect after winning the case against them? Couldn't the court force them to pay?

Also, would this be the type of case where I would need to hire legal counsel or would I be able to go to Small Claims myself with all of my documentation at the ready?

 

[LdiJ]

Thanks for the reply. So I think they are still working in the area. The contractor uses Angie's List and other home improvement sites and it appears they have done work for other customers recently. With that being the case, it may be possible to find them to be served. However, how difficult would it be to collect after winning the case against them? Couldn't the court force them to pay?

Also, would this be the type of case where I would need to hire legal counsel or would I be able to go to Small Claims myself with all of my documentation at the ready?

The court is not a collection agency and cannot assisting you with collecting on the judgment they give you. It would be up to you to collect on the judgment. You can levy their bank accounts if you can find them and you can put liens on assets.

I doubt that this was truly intentional fraud. I suspect that one of two things is going on. 1) They used your deposit to finish another job and therefore couldn't order your door, and haven't been able to get caught back up since then or 2) They did order your door and have received it but they keep getting bigger jobs, that provide more money and therefore they keep putting yours off. There could be other issues too but those two are the most likely.

 

[Zigner]

I doubt that this was truly intentional fraud.

...it appears the contractor signed for me that the work was completed. The signature in their system is not mine.

Sounds like fraud to me...

 

[LdiJ]

Sounds like fraud to me...

Well yes, that part was intentional fraud, but the point I was making was that I thought it unlikely that the contractor went into the whole thing with the deliberate intention of defrauding the OP. People who do that don't stick around in the area doing other jobs. They disappear.

 

[Zigner]

Well yes, that part was intentional fraud, but the point I was making was that I thought it unlikely that the contractor went into the whole thing with the deliberate intention of defrauding the OP. People who do that don't stick around in the area doing other jobs. They disappear.

Gotcha - I agree that the contractor may not have started out with fraud in mind.