Contractor's Bond Company refuses to pay

[Mz Di]

Contractor used my money to pay for materials on another customer's home. The contractor then filed Chapter 7.

I filed criminal fraud charges with local police dept. (police felt he was guilty too), but District Attorney refused to follow thru as they we're "too busy." Advised to collect money's due me thru contractor's bond company and they have now refused to pay. Local police dept., City Hall and County Inspector all state bond company should pay. Contractor never finished the job, actually caused more damage, used materials that were not to code, stated he did work that was never done (I took pictures) and never applied for any permits, which he charged me for. This same contractor is STILL in business.

This incident took place in Upland, CA (San Bernardino County). Besides filing a complaint with the Insurance Commission and the Contractor's Board, can I take the Bond Company to Small Claims court?

Thank you in advance for your time. Any assistance on how I can collect the money that is due me will be greatly appreciated.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
Oh most certainly you can take them to court! Sue them for bad faith and breach of contract. See you are according to your situation a THIRD PARTY BENEFICIARY of the Bond, created by contract between BOND COMPANY AND CONTRACTOR.

Get a lawyer and have that attorney get as many official statements from the official agencies you just mentioned and go from there. You may not need to go to court -- the threat may suffice and they may settle. Also, contact the Better Business Bureau.

Hope this helps.

 

[lars coltrane]

Find a lawyer right away - bankruptcy means other issues arise, including potentially discharging a debt. So, run, don't walk to a lawyer.