How can I get my money back from a guy I paid to work on my house and decided to flake?

UPDATED: Sep 30, 2022

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How can I get my money back from a guy I paid to work on my house and decided to flake?

I gave a guy 1,100.00 to do some work
around my house. He came for 3 hours
one day, did a small part of the work
and since then has not come back and
has become abruptly unreachable. I
called him many times from my phone and
left him many messages. When I call
from someone elses phone he picks up. I
talked to him and told him that I want
the money back for the work he didn’t
do. We set up a time when he would come
to settle but he didn’t show. What can
I do?

Asked on June 13, 2016 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You sue him: that is how you get money back from someone who took your money without doing what they were supposed to. You would sue for breach of contract (violating the agreement about performing work for pay); fraud (lying about what he could or would do); conversion (taking money entrusted to him--your payment--when it is not his to keep [without doing the work, that is]); and for unjust enrichment--being "enriched" by keeping your money without doing the work he should have done to earn it. For $11,000, you may wish to hire an attorney to help you.

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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