backyard problem... help?
and we payed him full amount before he was done
then he took our money and didnt do anything else
should i take him to court
or not? cuz hes like incontracted so its like my fault and ill get decked for it
Answers:
Sure, waste more of your time in small claimes court. if he even shows up and if you get an award, the court has no teeth to make him pay up. a small claimes judgement isn't worth the paper it was wasted on. next time hire only a licensed contractor (and check to make sure his lic. is current and valid) Get references and CHECK THEM OUT! Go see some of the work he has done in the area and talk to the people he worked for. NEVER pay in cash in advanced on any job. and NEVER sign anything until you are completely happy with your choice and the person you are dealing with.
I so sorry over your loss. I see it happen to nice folks every day by landscape contractors that are no better then a used car salesmen. there are many wonderful, legal contractors out there that will bend over backwards to do a great job for you at a fair price. just look around and ask questions.
(sorry if i offended any honest used car salesmen)
Other answers:
You cab try small claims court, but unless you have a written contract, there isn't much hope.
You cab try small claims court, but unless you have a written contract, there isn't much hope.
Never pay someone in full until the job is complete. How did you pay him cash, check, what? If you paid with cash you can't prove it. If you paid with a check and didn't write Paid In Full in the "for" line he can say that was only a first installment check and that's why he stopped working. Live and learn.
do you know where to find him?...let people know what he did..did people see him do the work?..if not then you probably cant sue him...good luck
Its probably not worth it to take to court. Chalk it up to a lesson learned and use bonded reliable workers in the future.
You mean unlicensed contractor? They could really give you problems. If you know his whereabouts, you sure can bring hime to court and circumstantial evidence might rule on your side inspite of the absence of a contract. How did you pay him? cash or check? did he sign something? How much? Will it be worth the trouble and your time? Be careful next time. Protect your self. Here in California you can deal with anyone for any kind of work and it is legal as long as the amount is $500 and below.
take care.
Take pictures of your backyard showing that nothing was done. Hopefully you have a cancelled check or receipt. I think it would be worth it to take him to Small Claims Court. He probably is unlicensed, would be a great inconvenience to him and you have a very good chance of winning.
All you have to lose would be the filing fee for the claim and you would feel better that you didn't let him go scot free.
Hope you learned a lesson from this. I also learned the hard way.
try this first
( cause small claims doesnt work if the person doesnt show up )
Write a letter and send it certified mail to him.
State in the letter that you want your money refunded for the work that was not done, ( and your choice give him the option to finish ----I wouldnt)
If the money is not returned by , Give him 1 week, you will procede with filling a claim against him in court, and report him to your states contractors board.Include a self addressed stamped envelpoe.
get some one else to hire him, inconspicuously and dont pay up front and over work the man untill you are also paid off then hire someone you know that will do the work you want done
Sorry but that one is your fault. There is no contract so no suit, next time make a contract, not with him though.
How much money is involved? It may not be worth your time to take it to court. If you have a written estimate from him and he did not finish the work on that estimate then you probably have a case, but if he did not put anything in writing my guess is he will claim he did exactly what he was paid for. I do not think the fact that he is not licensed or you did not have a written contract is that big of a deal for you. A verbal contract is binding but harder to prove. Next time insist on a written estimate stating exactly what the contractor intends to do. If a contractor can not or will not do that then I would take that as a sign that that is not a good person for the job.