Small Claim

[[email protected]]

Last summer I had a painter come and do a quote on painting my home, inside and out. He quoted $1,200 if in cash, and requested $400 (1/3 down). This I paid in cash. No receipt was given, as he said if it was a cash deal with no receipt he would not charge tax. This I did by getting a cash advance from my Master Card. A day later the motor went on my car and I was forced (due to the age of the car) to buy another, so asked the painter if I could have my money back (done within the 24 hours). He stated he couldn't as he had paid this in advance to his partner to confirm he would be available to do the job (sounded a bit off, but then I have never hired a painter before). From then until now I have had nothing but excuses, house fire (did not have as we did a drive by), too late in the year, I am too busy this month, I will call you back I'm on a long distance call, with no call back, it is too late in the year, etc. He had brought his paint master palette for us to choose the colour, of which I called and let him know. He had tentatively booked for June 23rd, but this is when he said he had the house fire, and lost his business. I could describe the inside of this house, etc. His wife was there to witness the payment, not that this helps me. I feel so totally ignorant to what types there are out there, but I have the worst feeling I do not have a leg to stand on, and have just given this guy his vacation pay. The only items I have for the courts if this route was taken would be the paint palette without his name on it, a copy of the Master Card bill with the $400 advance (not really proof it was paid to him), and a list of dates, with times in which he was called, and what resulted. How would you size this up? Would I be wasting the $50 it costs to initiate the small claim?

Too trusting, Ontario, Canada

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
Last summer I had a painter come and do a quote on painting my home, inside and out. He quoted $1,200 if in cash, and requested $400 (1/3 down). This I paid in cash. No receipt was given, as he said if it was a cash deal with no receipt he would not charge tax. This I did by getting a cash advance from my Master Card. A day later the motor went on my car and I was forced (due to the age of the car) to buy another, so asked the painter if I could have my money back (done within the 24 hours). He stated he couldn't as he had paid this in advance to his partner to confirm he would be available to do the job (sounded a bit off, but then I have never hired a painter before). From then until now I have had nothing but excuses, house fire (did not have as we did a drive by), too late in the year, I am too busy this month, I will call you back I'm on a long distance call, with no call back, it is too late in the year, etc. He had brought his paint master palette for us to choose the colour, of which I called and let him know. He had tentatively booked for June 23rd, but this is when he said he had the house fire, and lost his business. I could describe the inside of this house, etc. His wife was there to witness the payment, not that this helps me. I feel so totally ignorant to what types there are out there, but I have the worst feeling I do not have a leg to stand on, and have just given this guy his vacation pay. The only items I have for the courts if this route was taken would be the paint palette without his name on it, a copy of the Master Card bill with the $400 advance (not really proof it was paid to him), and a list of dates, with times in which he was called, and what resulted. How would you size this up? Would I be wasting the $50 it costs to initiate the small claim?

Too trusting, Ontario, Canada<HR></BLOCKQUOTE>

Call up your province consumer protection agency and file a complaint. Check with the province or local contractors board to see if there is a license needed for a painting contractor. File a complaint with this agency as well as the Better Business Bureau. If he is still around scamming other people and you have his current address, take him to court.

 

[Tracey]

Also, check CDN law to see if you have an in-home sales comsumer protection law. In the US, if a contractor/salesperson comes to your home, and you sign the contract there (and/or pay money), you have 3 days to cancel the contract & the sales person must refund all money. I'm not sure where you agreed to hire him or where you paid him the money.

Another option is to file a criminal complaint against him for theft by deception. I actually prosecuted a painting contractor for this -- he got advances 'to buy paint', never bought the paint, claimed he had free time to do the job 'right now' but had unfinished jobs waiting for his attention, & was insolvent when he took the money. The jury decided he never intended to paint the house, so it was theft. If he'd really had free time, or had actually bought the paint, he'd have gotten off.

Go ahead & sue him & his partner. It's small claims, so he can't hire an attorney & stick you with the fees if he wins. (Check that, BTW.) At the very least, you should get the paint they bought with your money! With no written contract, the painter can't claim that the $400 was a liquidated damages clause. Maybe you'll be able to get $450 out of someone.

Even if you lose, consider the $$ a tuition fee in how NOT to contract for work.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[[email protected]]

Hi Tracey: Thanks for your reply. I handed him this cash at his home, and I suppost this was when I OK'd him to do the work. I had no idea that he was going to pay his help with it, if in fact this is what he has done. He has moved since, but I know where he is (on the way to where my husband works, he has the sign on his lawn, and when the old phone number was dialed it gave his new one, so I guess he's not too worried).

Lynne