Can I Have a Contractor Arrested for Taking My Money?

Question from Beej, Can I Have a Contractor Arrested for Taking My Money?

Answer from AI:

If you believe a contractor has taken your money and abandoned the project, you may have several legal options to consider. Here’s a general overview of steps you might take and relevant legal principles.

Understanding the Situation

You hired a contractor to build a deck, paid him upfront, and later modified the project. The contractor abandoned the project, took your money, and has a criminal history. You want to know if you can have him arrested.

Possible Legal Actions

1. **Contact Law Enforcement**:
– If you believe the contractor has committed theft or fraud, you can contact your local sheriff’s office or police department. Explain the situation and provide any evidence you have, such as contracts, receipts, and communication records.
– Theft and fraud are criminal offenses, and law enforcement can investigate whether a crime has been committed.

2. **File a Civil Lawsuit**:
– You can file a civil lawsuit against the contractor for breach of contract and seek damages for the money paid and any additional costs incurred.
– Small claims court might be an option if the amount in dispute falls within the court’s monetary limits.

3. **Surety Bond Claim**:
– Since the contractor purchased a surety bond, you may be able to file a claim against the bond. A surety bond is a type of insurance that protects consumers if a contractor fails to complete a project or meet contractual obligations.
– Contact the surety company to initiate a claim process.

Steps to Take

1. **Gather Evidence**: Collect all documents related to the project, including contracts, payment receipts, communication records, and any modifications agreed upon.
2. **Contact Law Enforcement**: Report the incident to your local sheriff’s office or police department. Provide them with all the evidence you have.
3. **Consult a Lawyer**: Speak with a legal professional who can provide personalized advice based on your specific situation. They can help you understand your rights and the best course of action.
4. **File a Claim Against the Surety Bond**: Contact the surety company and provide them with the necessary documentation to file a claim.
5. **Consider a Civil Lawsuit**: If law enforcement does not take action, you may need to pursue a civil lawsuit to recover your losses.

Legal Considerations

– **Theft and Fraud**: Under U.S. law, theft and fraud are criminal offenses. If the contractor took your money with no intention of completing the project, this could be considered theft or fraud.
– **Breach of Contract**: If the contractor failed to fulfill the terms of the contract, you might have grounds for a breach of contract lawsuit.
– **Surety Bonds**: Surety bonds provide a financial guarantee that the contractor will perform the work as agreed. If they fail to do so, you can file a claim against the bond.

When to Seek Legal Advice

It is crucial to consult with a legal professional to get personalized advice tailored to your situation. A lawyer can help you navigate the complexities of the legal system and determine the best course of action.

Resources

– [Federal Trade Commission – Hiring a Contractor](https://www.consumer.ftc.gov/articles/0242-hiring-contractor)
– [FindLaw – Breach of Contract](https://www.findlaw.com/smallbusiness/business-contracts-forms/breach-of-contract.html)

Remember, this information is for general guidance. Always consult with a legal professional for advice specific to your circumstances.