Legal Question in Criminal Law in California
Fraud?
If you have a fixed contract with a contractor, but he bills you for three times the price of that contract and bills you for days he wasn't working on your job and you can prove it and he has done this to someone else you know,is this fraud? Do I file a police report? If two of us went to the D.A. could we file a joint complaint? If the contractor has a friend who is an attorney and he then sues you for $75,000 Breach of Contract and drags you through the courts, can you sue for abusing the legal system? The contractor is judgement proof so we could never get a penny out of him. thanks. Mike
2 Answers from Attorneys
Re: Fraud?
The D.A. won't touch it as it is a civil fraud. The contractor must be bonded which is similar to insurance, and will cover a judgment in a counter suit if successfull for breach of contract if it is determined that you are owed money or a refund. Whether it would cover a countersuit for fraud is doubtful. Perhaps you could hook the attorney in a malicious prosecution/abuse of process action if the attorney was aware of the fraud. In any event you must defend the suit against you for non-payment of the fraudulent billing and prove your defense. Call me directly at (619) 222-3504.
Re: Fraud?
Contact the state contractor's licensing board. They will your case and then take action if that is appropriate.
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