Can I get my money back?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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