Paid Deposit, No Work Done, Now?
We paid nearly $12k deposit for a bathroom renovation in our South Slope home at the end of last November; within a few days we were told the project had to be postponed until March. We requested our deposit be returned until then, and were told it would be. In late December, we were told…
We paid nearly $12k deposit for a bathroom renovation in our South Slope home at the end of last November; within a few days we were told the project had to be postponed until March. We requested our deposit be returned until then, and were told it would be. In late December, we were told the check was issued, but it never was. Then, we were told our money was used for another job and we’ve been trying to get it back ever since.
The designer, whom we had worked with before when he worked for a company in Bay Ridge, uncharacteristically began to ignore our phone and email messages. The owner of the company, based in Moonachie, NJ, has been less than truthful and also difficult to reach. When, by chance, we do speak with him, he just gives us the ‘ol run around.
We’ve already filed complaints with the NJ Better Business Bureau, NJ Attorney General’s office, and NYC Consumer Affairs, but that will still take several weeks before we hear anything. We’ve also contacted local media, but so far, no bites.
So, here’s the question: we’re very close to filing a civil suit, but before we do so were hoping to hear from anyone with experience and/or insight into such a prediciment. What is the likelihood that, even given a judgement in our favor, we’d be able to collect? Can anyone recommend a good attorney (in NJ) or advise us on other action to take?
It’s incredibly painful to think this money has just been stolen from us.
Thanks.
I also have a similar experience with Don Perrone. His big thing is no payment until completion but when 90% of the job was done, he asked for the payment saying he needs to pay his workers. Since all that needed to be done was a door and tub trip lever installed, I payed him in full. MY MISTAKE! That was mid Jan 2009, and I’m still waiting for his plumber Douglas to come replace the shower body he broke. Not to mention, the trip lever never got installed because his plumber didn’t know how to do it after he put in the new tub. So he installed a cheap push drainer instead of the trip lever. It’s now 2 months later and they have yet to show up to replace my shower body. I have to prop the shower handle up with a rubber band in order to have a functional shower. STAY AWAY FROM THESE GUYS. I plan on reporting them to the IRS as well for Tax Fraud.
Were they registered with the Contractor’s Board in NY State?
Contact the AG’s office in Albany and the State Board of Control.
I had a similar experience on a house renovation in Newport, RI and the state of RI had a hearing that eventually removed the contractor’s license until they made restitution and paid a $2000 fee to the state. It lasted a year.
I thought the local cops would help, but they did nothing. Use the BBB website and file a formal complaint.
I hope your situation has a fair resolution. Good luck.
I posted these on the similar “renovation nightmare!†thread. Maybe you’ll find some additional information and contact numbers useful to you at these links:
http://www.nyc.gov/html/dob/html/about/faq1.shtml
http://www.nyc.gov/html/dob/html/about/faq2.shtml
If your case is heard and won at Consumer Affairs Court and the contractor refuses to pay you can place a judgement on the company and/or personaly and obtain the $15,000 from the fund. My starting a Consumer Affairs action the court itself also has there own charges that they would charge them under by law.
I’m in a big mess with a contractor too, to be posted soon, and neither of our situations sound good.
Is your contractor licensed in NYC (home improvement license with NYC consumer affairs)? If they are, then you will be able to collect from the fund that their license fees go into (I think the limit is around $15,000). However, if they are not licensed, then you will not have access to those funds. I’m not sure if NJ consumer affairs works the same way… they might.
A lawsuit could cost between 5-10 thousand (from the 2 lawyers I spoke too), though could be much cheaper if you go at it yourself. Winning is not the hard part… collecting will be. I figure I’m owed $25,000 from a contractor and one lawyer said it probably wasn’t worth pursuing.
Do keep up updated!
This suggestion is a long shot, but hear me out.
I have in the past worked with various police officials, much further South in Jersey.
It would cost you nothing to visit the chief of the local department, or a detective there (in Moonachie), no appointment. There is no way of anticipating what you would discover or find out, but they can sometimes be sympathetic or provide tangentially helpful information. It is a civil matter, not probably criminal, but I have seen stranger things than a detective paying a recalitrant debtor a visit and springing free a partial payment.
I’m sure the Brownstoner community would like to know the name of the contractor…
wow ..i feel horrible for you…im a contractor as well as a brownstoner, and while i have had disputes with clients, i have never heard of theft like this…call the local district attorney..i think that it warrants a criminal complaint