Legal Question in Consumer Law in Maryland

Re: Recouping money paid for item/service not delivered

There are several factual questions that would need to be answered in order to identify ALL of the options and remedies that you have at your disposal. However, here are a few options generally available:

First and foremost, generally if a person pays by credit card they can call the credit card company and advise of the problem and see if charge can be disputed so that credit card co. will help settle things. This puts the consumer in the driver's seat by controlling the money (there are other similar methods of obtaining that result as well).

Second, the Maryland Home Improvement Commission provides takes complaints against licensed contractors (and there may be all kinds of violations depending on your specific facts).

Third, lawsuits (in small claims court, general district court, or circuit court) -- depending on your precise facts.

Depending on the contract that was signed, there may be other remedies (or limiations thereon -- i.e. arbitrartion provision).

Probably want to get someone else licensed and competant to come in and at least give an estimate as to what it will cost repair their work and finish the job properly.

Home Improvement contracting is fairly closely regulated and there is plenty of protection for consumers -- there are also protections offered by the Maryland Consumer Protection Act generally. Most of these statutes also provide for payment of attorneys fees -- though that is NO Guarantee of actually winning them in court.

I would be happy to chat for a few minutes to ascertain whether formal legal counsel would be appropriate and economically viable for your facts.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Recouping money paid for item/service not delivered

The Department of Labor, Licensing and Regulation located in Baltimore

may be of assistance. Also the Maryland Home Improvement Contractors' licensing association may

help.

Depending on the amount of your claim, a small claim or other court claim may apply. However, this may

be limited by the contract where arbitration is required. In the latter case, an arbitration claim could

be filed.

The contractor may also be bonded and a claim against his performance bond may be possible.

A demand letter from an attorney may also bring forth performance or a refund.

A number of facts need to be fleshed out and then there is the matter of evidentiary support for

your claim especially if such were to be filed in court.

G. Joseph Holthaus

(410) 799-9002