Can I get my money back?

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Can I get my money back?

Nearly 3 weeks ago, I hired a man from a tree service. I was told that he job would only take a couple of days. The business owner and worked came once for 4 hours and a second time for 2 hours.The job is not complete. He doesn’t answer my calls and when he returns them he makes empty promises. The newest was yesterday and that he would be at my house today at 9 am to complete the job. It’s is now 12:30 and he has not shown up. My calls go to voicemail. What legal recourse do I have against this man?

Asked on November 27, 2016 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your only real legal recourse is to sue him for the money: you would sue him for breach of contract (violating his agreement, even if only an oral one, as to what he'd do), fraud (lying about what he could or would do), and possibly even theft by deception (stealing from you by tricking you into giving him money). Suing in small claims court, acting as your own attorney ("pro se") is likely the most cost effective and fast (small claims court moves quicker than other courts) option.


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