Suing my contractor
Hello–I plan to file a small claims suit against my contractor with whom I cancelled our contract after he forged a check that I gave him by increasing the dollar amount placed on the check. Anybody have any experience suing their contractor? I want to recoup any costs of finishing the work above the contract…
Hello–I plan to file a small claims suit against my contractor with whom I cancelled our contract after he forged a check that I gave him by increasing the dollar amount placed on the check. Anybody have any experience suing their contractor? I want to recoup any costs of finishing the work above the contract price. Is that the appropriate remedy to seek? Thanks!
So…what happened? update?
Oh my gosh, that is terrible. I’m sorry to hear that happened to you but yes, you NEED to call the police ASAP.
If you have him arrested, restitution will more than likely be part of the sentencing, so you won’t have to sue him. If you sue him before he’s arrested, it’s probably going to turn into a civil case and the DA will decline prosecution because you’ve muddied the waters too much. Either way, the more time that goes by, the weaker your criminal case becomes and the less likely it is that he will be arrested.
Thanks for all of the comments! Of course, I know forgery is a crime. However, his action have caused our contract to become null and void and left me with unfinished work. I plan to press charges AND sue. The suing part is what my question was about.
Agreed, you’re crazy to sue him. Call the police now. Forging a check is a serious crime. How can you not know that?
you should out the GC. And follow the advice above . GL
I think forgery is a criminal matter and you should treat it as such. Forget working out a plan with a thief. Just go to police and press charges.
You don’t think you will recover sufficient damages to pay his replacement’s costs, do you? Really?
Tell this ‘yahoo’ what happens in cases of check fraud. THEN give him options. He either makes you whole (returns money); OR, you have him arrested for fraud, breach of contract, forgery- falsification of a legal document, and… the kitchen sink.
He can look forward to arrest, losing his license-time-liberty-insurance-money-court and attorney’s fees. You can persue the bank that cleared the check. Consider contacting The FBI, The BBB, Consumer Protection Agency, National Check Fraud Center, his insurance carrier, even his childhood best friend if you can find him. Check the permits, did he file for permits or was he working without? Keep the check he forged/falsified. Make him squirm.
Raise a stink- make him lose so much time and patience that he will do the right thing. You may have his attention by this time. Otherwise, blow the whistle and let the government prosecute him, then you can follow suit. Make him a believer!
You may be reluctant to accept any judgement other than a court order. Be really careful what you put in writing, and don’t blackmail him. LEARN to NEVER pay a contractor in full, until the job is done and signed off. This is a really hard way to learn that lesson, and I wish you all the best with this.
No offense but you’re delusional. You’ll be lucky if you are even able to collect on the money that he actually owes you, let alone additional money to hire a second contractor. Btw – keep the check that he cashed handy because that will have the account details that it was deposited into so you can try to collect any judgement you may receive.
You DON’T get what you DON’T pay for.