Painter never finished job - got 3/4 of money already

[SharkAttack]

I hired a painter to paint the exterior of my home 4 months ago. He asked for over half down and I agreed (he gave me reasons and I believed him). Basically he hasn't done much of anything. A little prep work. He was supposed to replace and fix wood on my cedar home as well. I have never seen the wood or paint he was supposed to purchase. He came along later and asked for another $2000. Leaving a balance of $2000 at the end. Again, I trusted him (like an idiot). Anyway, the contracted stated the job would take 20-25 days. Now, he wont contact me and ignores all calls. I am considering small claims court but the max allowed is $6000. He has $7600 of my money. Can I sue him a different way without a lawyer or would I need a lawyer to do this? Should I just settle for small claims and do the max $6000 and take a loss on the other? Can I actually get money from him? He owns a home and 2 vehicles. However, I doubt he has a bank account or actually has any business to garnish wages. Am I out my $7600? Just asking for options. I know I was completely wrong in trusting him and giving him money. He has a business with good reviews...I am beginning to think they all have to be fake. Thanks so much!

 

[NeilTheCop]

Please tell us the name of your state.

 

[SharkAttack]

Indiana

 

[LdiJ]

I hired a painter to paint the exterior of my home 4 months ago. He asked for over half down and I agreed (he gave me reasons and I believed him). Basically he hasn't done much of anything. A little prep work. He was supposed to replace and fix wood on my cedar home as well. I have never seen the wood or paint he was supposed to purchase. He came along later and asked for another $2000. Leaving a balance of $2000 at the end. Again, I trusted him (like an idiot). Anyway, the contracted stated the job would take 20-25 days. Now, he wont contact me and ignores all calls. I am considering small claims court but the max allowed is $6000. He has $7600 of my money. Can I sue him a different way without a lawyer or would I need a lawyer to do this? Should I just settle for small claims and do the max $6000 and take a loss on the other? Can I actually get money from him? He owns a home and 2 vehicles. However, I doubt he has a bank account or actually has any business to garnish wages. Am I out my $7600? Just asking for options. I know I was completely wrong in trusting him and giving him money. He has a business with good reviews...I am beginning to think they all have to be fake. Thanks so much!

It is very normal for contractors to ask for a deposit up front, and 50% isn't unusual. Asking you for more money before he had done at least 50% of the job however, was definitely out of line. Sometimes I really feel like some of these crooks really need to face criminal consequences for what they do, but somehow that just never seems to happen, no matter how many people they do it to.

By all means sue him. Collecting from him may be difficult.

 

[NeilTheCop]

Not sure if a painter is classed as a general contractor, but if it is your painter should have a license.
https://generalcontractorlicenseguide.com/indiana-contractors-license/
If he does have a contractors license you can possibly contact the issuing authority, nothing more scary that the prospect of losing a license. If he's unlicensed then again you may be able to have their enforcement division do something.
If he is unlicensed and working for cash in hand mention the IRS. It often works wonders

 

[LdiJ]

Not sure if a painter is classed as a general contractor, but if it is your painter should have a license.
https://generalcontractorlicenseguide.com/indiana-contractors-license/
If he does have a contractors license you can possibly contact the issuing authority, nothing more scary that the prospect of losing a license. If he's unlicensed then again you may be able to have their enforcement division do something.
If he is unlicensed and working for cash in hand mention the IRS. It often works wonders

Unfortunately, lack of a license does not stop painters or any other type of contractor from operating in Indiana.

 

[HRZ]

And once temps drop below freezing it's a significant quality risk to paint with water based paints...and few use oil base of late ....and I'm not a fan of the low temp additives .

you may want to have a reliable friend tail him to whatever site he is working?

If you know where he is buying paint you might check his payment status ( My contractor uses just B........M..... on my jobs and I know well where he purchases supplies....if he were in payment trouble I'm sure I could get big clues via a walk in visit )

Unless the contract has some time is of the essence or a specific completion date or a penality provision ....a 20-25 day window is likely little more than feel good language .

 

[adjusterjack]

I never pay contractors up front. I buy the materials and hire them for the labor and pay when they work. It's the only way to get them to show up. You'd be amazed at how many contractors go along with that when they want the work. And I'm not talking handymen for little jobs. I've had lots of big jobs at my house: roofs, block walls, garage buildings.

In my initial phone cons I eliminate those that insist on front money. Not worth my time to argue with them.

 

[LdiJ]

I never pay contractors up front. I buy the materials and hire them for the labor and pay when they work. It's the only way to get them to show up. You'd be amazed at how many contractors go along with that when they want the work. And I'm not talking handymen for little jobs. I've had lots of big jobs at my house: roofs, block walls, garage buildings.

In my initial phone cons I eliminate those that insist on front money. Not worth my time to argue with them.

That absolutely works if you are buying the materials upfront yourself. The one exception might be if the contractor has to cover payroll after the first week or two. However that does not require any true up front payment, just some mid work payment.

 

[NeilTheCop]

Unfortunately, lack of a license does not stop painters or any other type of contractor from operating in Indiana.

That is true of all States, but if the contractor does not have a license there may some redress available through the courts if it is clearly defined as an offense.
I know the link is from Florida, but you get the idea.
https://www.wtsp.com/article/news/local/hillsboroughcounty/hillsborough-co-sheriff-arrests-15-unlicensed-contractors-in-operation-bring-down-the-house/67-565959668