Stiffed by a Contractor

[lvassar]

On April 1, 2015, after paying a contractor 50% to begin work on remodeling my bathroom, the contractor finished the contracted work. The contractor is licensed (under another business name, but same personal name) and I was told they are also insured.

On April 12, 2015, I noticed the tile work cracking and had seemingly become very uneven. I contacted the contractor, and he stated he would schedule to view the work.

We'll fast forward to early June, after two months of speaking with him off and on, false promises, missing work due to scheduled appointments, and still the contractor failed to show. Finally, on June 2, I called him, and he virtually hung up on me. I wrote an email stating I am pursuing him legally. Since that date, I have had another contractor evaluate his work stating, "He may be a licensed contractor, but it's very obvious he shouldn't be in the business."

I have since filed a small claim against his company. I sent the summons via certified mail to the last known address associated with the business. Needless to say, it was returned as "invalid address, no forwarding address given". After some research, I found the contractor was evicted from that address currently owing the landlord over $4000. I also found the contractor owned another construction company with a valid contracting license. However, after further research, the contractor was evicted from the residence in January owing that landlord just over $3000. His current address is unknown.

I have attempted to contact the contractor at both addresses listed with two separate companies, and he's nowhere to be found. When I attend court, what should I expect from the Judge? I have done everything I know how in order to catch up with the contractor, but it's difficult when dealing with a potential con man.

 

[army judge]

The judge might dismiss your case for lack of proper service.
To cut that off at the pass, you can hire a process server, (sometimes the sheriff's office will serve the defendant at a small cost) to find the contractor and serve him properly.

The judge might continue the matter, upon your request after you explain your problems with service.




Here are a couple good articles on the small claims process, and service in particular:

http://law.richmond.edu/academics/c...ib-memo-plaintiffs-small-claims-checklist.pdf

http://www.fairfaxcounty.gov/courts/gdc/publications/small-claims-court-procedures-english.pdf

http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf

http://alexandriava.gov/consumers/info/default.aspx?id=2780





Have you considered contacting the state licensing agency for contractors?
They MIGHT be able to offer you some assistance:

http://www.dpor.virginia.gov/boards/contractors/










No need to keep speculating on my part, as I have a question for you.
What if you find him an hour from now and affect proper service?
He and you appear in court.
You both present your cases, and lucky you, you prevail.

This guy's many things, most of them are negative.
He's also a deadbeat, down on his luck.
You more than likely won't see a dollar of your money returned to your hands.

You know more about this than I ever will.
He's running from landlords, creditors, and victims he's defrauded.

You might be better off turning the matter over to the police.
If I were you, I'd simply visit the nearest law enforcement establishment, ask to meet with a detective, explain your problem, see if the criminal side of the justice system can offer you a better remedy.

I wish you well.

 

[lvassar]

When does the responsibility fall on him to keep his business license information up-to-date? What exactly can a process server do, or have access to, that I wouldn't? I've done a background check on him, showing everything from previous addresses to liens and judgements.

 

[army judge]

When does the responsibility fall on him to keep his business license information up-to-date? What exactly can a process server do, or have access to, that I wouldn't? I've done a background check on him, showing everything from previous addresses to liens and judgements.

If a person wishes to practice most trades, he or she is required to obtain a license.
If one isn't licensed, one is subject to certain penalties.
The responsibility of any licensed tradesperson or professional is akin to a car owner being required to be licensed properly, maintaining the vehicle he or she owns, and keeping the vehicle properly insured.


I suggest you speak to several process servers and ask the agency or person directly.
The sheriff's office has the ability to reach out and touch some hard to find folk.
Let's just say, many of them have access to databases and stuff that you don't.

 

[lvassar]

Okay, in a last ditch effort, I attempted to contact the contractor again last night via Facebook and email. I've given them 48-hours to respond or I will seek out a process server to have them served.

That said, thank you for your help, army.

 

[army judge]

Okay, in a last ditch effort, I attempted to contact the contractor again last night via Facebook and email. I've given them 48-hours to respond or I will seek out a process server to have them served.

That said, thank you for your help, army.

Good luck, let us know if the process server did effect service.

 

[lvassar]

Okay, I contacted a Process Server, who referred me to a Skip Tracer. After speaking with the Skip Tracer for nearly an hour, he found that the contractor in question has had more than 2.5 pages of addresses, ranging from Virginia to Texas to New Jersey and New York. The Skip Tracer has come to the conclusion that we're dealing with an actual con man. He's done a few searches thus far getting previous addresses, but there is nothing concrete.

At this point, I just want a judgement in my favor. Once that's done, I'll pursue further. Will the Judge render a verdict without actually being able to find the contractor, although we've tried every avenue legally?

 

[army judge]

Okay, I contacted a Process Server, who referred me to a Skip Tracer. After speaking with the Skip Tracer for nearly an hour, he found that the contractor in question has had more than 2.5 pages of addresses, ranging from Virginia to Texas to New Jersey and New York. The Skip Tracer has come to the conclusion that we're dealing with an actual con man. He's done a few searches thus far getting previous addresses, but there is nothing concrete.

At this point, I just want a judgement in my favor. Once that's done, I'll pursue further. Will the Judge render a verdict without actually being able to find the contractor, although we've tried every avenue legally?

Probably not, because you don't know who you're dealing with, and he hasn't been served.
As I said earlier, a judgment won't be of any use to you.
Eventually this creep will end up dead or in prison.
You'll never collect a dime, you'll only throw good money after bad.
It's time to make a police complaint.
Add your woes to the growing list of victims.