Legal Question in Criminal Law in Illinois

Criminal or civil conversion?

To keep it short, we paid a contractor to put in a concrete driveway on 10-31-07, the driveway was never installed and he admitted to us that he used our money to finish another job, and he could not afford to do our driveway. We paid him in full, 1500 dollars. We took a loan out at the bank for this purpose, which I can prove. So I was wondering if we are entitled to the intrest we are paying on the loan, and damages. Also, could he be charged criminally?


Asked on 12/11/08, 6:33 pm

3 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Criminal or civil conversion?

Yes and yes.

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Answered on 12/12/08, 11:35 pm
Motty Stone Law Offices of Motty Stone

Re: Criminal or civil conversion?

For a civil suit, you can probably charge interest (although not necessarily the same interest rate as the loan). You can also ask for damages. All of this, however, requires the contractor to have money to pay you. Otherwise, a civil suit is not worth the trouble.

Criminal charges are a quite a bit more difficult and I would recommend contacting the State's attorney if you want to attempt to press charges.

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Answered on 12/12/08, 4:01 am
David Shestokas Shestokas, & Associates

Re: Criminal or civil conversion?

There is a crime in Illinois called home repair fraud that this seems to fall under. The case would appear to be both civil and criminal. You should contact the police and indicate that you have been the victim of home repair fraud. It is a felony and can be charged for up to five years after it happens. If someone is found guilty a judge may order restitution as part of any sentence. Illinois criminal offenses can be found at

http://www.shestokas.com/Criminal_Offenses.html

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Answered on 12/12/08, 7:51 am


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