Legal Question in Criminal Law in Illinois

I'm a sub-contrctor who was hired by another contractor (person I know)and didn't get paid for work done. I have a copy of the FINAL WAIVER OF LIEN from architects office who hired this thief.It says they paid him in full for the work I had done and it is signed by him.He is avoiding me, his girlfriend told me not to bother them at home because she is going to call for police. I filed small claim law suit but he is also avoiding to recive summons.Sheriff was at his door-no answer, certified mail-didn't pick up. He owes me $5000+court cost+intrest. (to be clear -architect hired him to do this job and without knowledge of architect he hired me and lied to me that this is his job straight from the owner of the building) I have doubt that I am going to recover that money because other sub-contractors he robed like that told me that this person has everything under his girlfriend or mother name (money in bank, house,cars). MY QUESTION IS: IS THERE A WAY TO CHANGE QUALIFICATIONS OF THIS CASE FROM SMALL CLAIM TO FELONY?-he hired me and other subs with intentions to keep money for him self (IS IT LEGAL?)-not his money! By the way him and his girlfriend are illigaly here (imigration status).


Asked on 12/05/11, 3:51 pm

1 Answer from Attorneys
Stephen Messutta

You can't decide how the State's Attorney might treat this case. Best you can do is file a police report and talk to the State's Attorney.

Since you apparently didn't file a mechanic's lien you may have lost your only viable right -- being a mechanic's lien foreclosure case against the property owner where you did the work, and all you are left with is an action on contract (oral or written, for the work you performed, against the GC). The fraud was not against you, but against the property owner, because the fraudulent lien waiver was given by the GC to the owner's architect for the GC to be paid.

If there's more to the situation, the answers may change. Otherwise, your best bet is to see an attorney IMMEDIATELY to see if you have any lien rights left.

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Answered on 12/06/11, 9:22 am


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