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Gixxus Christ!

Any lawyers present?

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Long story short:

 

We bought a house that needed a lot of work. We got a renovation loan that included the cost of renovation with the purchase of the home. We accepted a bid from a contractor and per the terms of the loan they were given 50% of their estimated material cost up front in the amount of $13,800. They received that check on 12.26.19. They promised to have the master bathroom finished by 1.11.20. The bathroom is still not done. We have offered to come to terms and part ways, but the owner of the company plainly stated that he will never agree to our terms and we will never agree to his. 

 

What rights do we have? What chance do we have if we go to war with this asshole? If you are a lawyer and you're reading this, what do you want to come meet with us and him? 

 

We did a full demolition on the interior of most of this house ourselves in the hope that these fucking clowns would do what they said they would do. So far they have failed reliably at everything. 

 

Attorneys  please contact me directly 330.338.9708. My name is Sam. 

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So that's a 0 out of 87 views on the lawyer. 

 

Update, strictly for the fuck-givers. Fired the scumbag, threatened legal action after he demanded he keep the entire material draw amount, and started doing what we should have done before we hired him and checked public records. This piece of shit has liens and judgements against him already, one from the state for not paying his workers comp premiums. He also signed a quitclaim deed to his wife against the house last month, so he's dumping assets to try and insulate himself from the legal shitstorm bearing down on his company. 

 

Fucking scumbag.

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I was curious how this was shaking out. Glad it was resolved without need for lawyers. Too many scumbags in one place is a real drag. 

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9 hours ago, Pauly said:

I was curious how this was shaking out. Glad it was resolved without need for lawyers. Too many scumbags in one place is a real drag. 

This is far from resolved. Hes gonna keep the $13k and there isnt a thing we can do about it.

Edited by Gixxus Christ!
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Drag. Sorry, Sam. 

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This is outside my area of practice, but it’s a basic contract dispute. 

Your best case scenario is recovering what you've paid. A court cannot order a contractor to complete the job (not faster, not ever).

The question is how much you will spend to get what percentage of your money back.

The contractor has done SOME work, from the sound of it. You’ll have to pay for what has been done, and argue over how that’s valued. 

But it’s your house... lock him out, and hire a different contractor (who will likely become a witness in your case, to testify as to what is actually complete when he starts, etc.)

Okay nice with the current contractor if you’re able. Where are you located?  There are a ton of fact-specific questions that someone who specializes in contract disputes would want to ask you that you shouldn’t post here. 

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4 hours ago, redkow97 said:

This is outside my area of practice, but it’s a basic contract dispute. 

Your best case scenario is recovering what you've paid. A court cannot order a contractor to complete the job (not faster, not ever).

The question is how much you will spend to get what percentage of your money back.

The contractor has done SOME work, from the sound of it. You’ll have to pay for what has been done, and argue over how that’s valued. 

But it’s your house... lock him out, and hire a different contractor (who will likely become a witness in your case, to testify as to what is actually complete when he starts, etc.)

Okay nice with the current contractor if you’re able. Where are you located?  There are a ton of fact-specific questions that someone who specializes in contract disputes would want to ask you that you shouldn’t post here. 

We fired the guy, he came for his tools today. Our mortgage lender is involved in the project because we got a renovation loan when we bought the house. They will send an inspector to estimate the value of the labor done so far. Between that and whatever receipts the contractor shows for materials we will come up with a fair number that the contractor will likely refuse. After a deep dive in public records it seems that he starts a company, fucks a bunch of people, then closes that business and opens another one. We have resigned ourselves to just never seeing a penny from him. Just need to officially sever our agreement so we can get new guys in here. House is in plain township outside canton. 

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Non expert but I think you can do a small claims civil suit for $6k with just filling out a form at a courthouse if you really give up on getting the full total. At least to give him more drama. 

https://legalbeagle.com/8471833-file-civil-lawsuit-ohio.html

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5 hours ago, motocat12 said:

Non expert but I think you can do a small claims civil suit for $6k with just filling out a form at a courthouse if you really give up on getting the full total. At least to give him more drama. 

https://legalbeagle.com/8471833-file-civil-lawsuit-ohio.html

It's a way to go. 

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On 2/6/2020 at 12:37 AM, motocat12 said:

Non expert but I think you can do a small claims civil suit for $6k with just filling out a form at a courthouse if you really give up on getting the full total. At least to give him more drama.

 

On 2/6/2020 at 6:00 AM, Gixxus Christ! said:

It's a way to go. 

Unfortunately, it's WAY EASIER to get a Small Claims court judgement than it is to actually collect from the deadbeat.  Sounds like this guy falls into the category of full-time scammer vs an actual contractor that you could recover money from his business.  Sorry this has happened to you.  Posts like this help to remind the world is full of crooks!

Good luck!!!

Edited by Bubba

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On 2/7/2020 at 12:26 PM, Bubba said:

 

Unfortunately, it's WAY EASIER to get a Small Claims court judgement than it is to actually collect from the deadbeat.  Sounds like this guy falls into the category of full-time scammer vs an actual contractor that you could recover money from his business.  Sorry this has happened to you.  Posts like this help to remind the world is full of crooks!

Good luck!!!

After some public record searches it's obvious this guy is a scumbag. Several judgements and liens, and recently he signed a quit claim deed transfering all his interest in his house over to his wife, thereby insulating it from any legal action against him personally. Our attorney says we have a pretty good case for criminal fraud. Depending on cost and how much money he returns to us at a meeting monday we will move forward with whatever we can do to hurt this piece of shit. 

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1 minute ago, Gixxus Christ! said:

After some public record searches it's obvious this guy is a scumbag. Several judgements and liens, and recently he signed a quit claim deed transfering all his interest in his house over to his wife, thereby insulating it from any legal action against him personally. Our attorney says we have a pretty good case for criminal fraud. Depending on cost and how much money he returns to us at a meeting monday we will move forward with whatever we can do to hurt this piece of shit. 

I know a few guys in the knee-capping business. 

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Have you contacted new stations about putting it in the media?

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8 hours ago, motocat12 said:

Have you contacted new stations about putting it in the media?

That's on the list. Gotta see if he plays nice first. If not, the gloves are off. 

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On 2/9/2020 at 10:16 AM, Gixxus Christ! said:

After some public record searches it's obvious this guy is a scumbag. Several judgements and liens, and recently he signed a quit claim deed transfering all his interest in his house over to his wife, thereby insulating it from any legal action against him personally. Our attorney says we have a pretty good case for criminal fraud. Depending on cost and how much money he returns to us at a meeting monday we will move forward with whatever we can do to hurt this piece of shit. 

You can call the cops and say you want to press charges, but your attorney’s opinion on a criminal case is totally irrelevant. 

It’s the state of Ohio v. Defendant. You can’t indict the guy. I’m not saying not to call the cops, but don’t be upset if your civil attorney isn’t thinking like a prosecutor. 

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Have you considered contacting the Ohio AG’s office?  They have a consumer fraud section (criminal prosecutors and investigators) which investigates fraudulent contractors.  Yours may not be the first complaint they have received on this guy.  Local police and municipal prosecutors are not really set up to do this.   Redkow is correct, your lawyer’s opinion as to whether you have a good criminal case is somewhat irrelevant.  (I’m a retired 35+ year federal prosecutor, so I have a bit of experience on that front).


Not sure exactly where you are located but the AG has offices in most of the larger cities (Columbus, Cincinnati, Dayton, Cleveland).  Call them - maybe they can help.  

 

 

 

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I've contacted the county sheriff office, they're waiting on my word to file the report with the district attorney, if it gets to that. I also opened a dispute case with the BBB...somehow he is not only accredited but also has an A rating. The BBB offers mediation and arbitration services, and if he doesn't play ball, there goes his accreditation.  Hes been fucking us around now for 2 weeks about getting us receipts for the materials and his labor costs. Always very polite and seemingly helpful via text, but our last phone conversation showed his true colors, so I've installed a call recording app on my phone for when he loses his shit. I really nust want this epic sack of douche out of my life forever, but I gotta recoup the money he is basically stealing from me first. 

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18 hours ago, Gixxus Christ! said:

I've contacted the county sheriff office, they're waiting on my word to file the report with the district attorney, if it gets to that. I also opened a dispute case with the BBB...somehow he is not only accredited but also has an A rating. The BBB offers mediation and arbitration services, and if he doesn't play ball, there goes his accreditation.  Hes been fucking us around now for 2 weeks about getting us receipts for the materials and his labor costs. Always very polite and seemingly helpful via text, but our last phone conversation showed his true colors, so I've installed a call recording app on my phone for when he loses his shit. I really nust want this epic sack of douche out of my life forever, but I gotta recoup the money he is basically stealing from me first. 

what's ohio's law on recording phone conversations? I know you typically do your due diligence and likely looked in to that so I'm genuinely curious 

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25 minutes ago, Bad324 said:

what's ohio's law on recording phone conversations? I know you typically do your due diligence and likely looked in to that so I'm genuinely curious 

Only one party needs to know and you so not have to tell the other party.

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On 2/4/2020 at 11:08 PM, Gixxus Christ! said:

So that's a 0 out of 87 views on the lawyer. 

 

Update, strictly for the fuck-givers. Fired the scumbag, threatened legal action after he demanded he keep the entire material draw amount, and started doing what we should have done before we hired him and checked public records. This piece of shit has liens and judgements against him already, one from the state for not paying his workers comp premiums. He also signed a quitclaim deed to his wife against the house last month, so he's dumping assets to try and insulate himself from the legal shitstorm bearing down on his company. 

 

Fucking scumbag.

I am not an attorney, but I've had many a conversations about business vs personal assets. 

With the sounds of this scummy contractor, I'm sure any capable attorney would easily be able to destroy this guys corporate veil argument as I'm sure he's broken it numerous times.   I'd also assume that just by transferring the deed to his wife, specifically because they are still married, more than makes it still in item that could be part of the lawsuit, if needed (provided you can prove he's broken the corporate veil).

I'd speak with your attorney about this if you plan to go that route.  

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This fuck offered to give us back $4k of the nearly $14k we gave him. He even said in his email that we need to compensate him for jobs he turned down in order to take ours. 

 

The fucking balls on this douche bag. 

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Wow.. that is incredible. 

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You need to stop dicking around and move on this. Lawyer up, file the police report and contact the Ohio AG's office. First thing in the morning. This guy is going to spend that money and take the company into bankruptcy real fast.

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1 hour ago, Tonik said:

You need to stop dicking around and move on this. Lawyer up, file the police report and contact the Ohio AG's office. First thing in the morning. This guy is going to spend that money and take the company into bankruptcy real fast.

Guarantee he doesn't pay a dime if I have him arrested, and if a judge orders restitution in however many months it would take before he was even tried, if he was tried, he could send me $10 a month. Criminal prosecution is the last option. Getting a lawyer tomorrow. 

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The end result is going to depend on the details of the contract you signed.  If the contract specifies dates of completion and remedies for failure to abide, you have a case.  Otherwise, you're gonna lose money.  As others have suggested, get an attorney.  And as I'll suggest, next time you enter into a contract for a large amount like this on an important project, have an attorney advise you on it before you sign it.  Always ask "What if" to every clause in the contract.  I've been fawked over before so I feel your pain and have learned the same lessons the hard way.

Unless you can prove fraud, this will remain a civil case, not a criminal case.

Edited by CJ74U2NV

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