If suing a contractor who wasn’t licensed and couldn’t do job that he said he could, can I sue him, his business, or both.

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If suing a contractor who wasn’t licensed and couldn’t do job that he said he could, can I sue him, his business, or both.

I paid who I thought was an legitimate contractor but he couldn’t do the job after I had given him a $3500 deposit. He said that he’d return my money but obviously he hasn’t to this point, weeks later. Also, he’s not responding to call or texts. I’m attempting to cover all financial institutions that he could have assets in.

Asked on December 10, 2017 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If the business is an LLC or corporation and that is whom you paid or contracted with, you sue the business; the LLC or corporate form protects the owner(s) from personal liability.
2) If the business is a "dba" there is no separate business; legally, the business is him, just operating under a different name. You therefore sue him.


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