How can I get my money back from a guy I paid to work on my house and decided to flake?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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