If we hired a contractor but he never came to do the work, where do I legally start in trying to get my $5300 deposit back?

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If we hired a contractor but he never came to do the work, where do I legally start in trying to get my $5300 deposit back?

I hired a contractor to build a deck and they haven’t done the work but cashed my $5300 check. It’s been about of year of empty promises. What kind of attorney do I need?

Asked on August 24, 2012 under Business Law, New York

Answers:

Craig Smith / Smith & John

Answered 8 years ago | Contributor

You need to hire a collection attorney immediately to file a lawsuit against the contractor for the refund of your money.  Assuming you get a judgment against him, you may face problems with collecting the money if the contractor has no assets or money.  The longer you wait to file the lawsuit, the harder it will be to collect or even find the contractor to have the lawsuit served upon him.  For future reference, always have the agreement in writing signed by the contractor with a company that has significant assets and do not pay for the work until it has been completed.  If you are building a deck and the contractor cannot wait for his money until the job is finished, then that should be an indication that the contractor is not financially sound.

david slater / david p.slater, esq.

Answered 8 years ago | Contributor

You need a collection lawlyer familiar with civil litigation.  Is the contractor still in business?  Does he have a license? If you obtain a judgment against him, does he have assets to pay it? Good luck.


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