Legal Question in Consumer Law in New York

I had a handyman come to my residence to give estimate on home repairs. The guy advertised on a local newspaper. He had me sign papers to do home repairs. This occurred late evening. I did not read paper that I signed. He told me not to worry about it. I issued him a check for $700 to a personal name. The guy never ID himself, I then became hesitant and emailed him a statement that I had changed my mind. Also when I read the paper it stated that he was not a licensed contractor. He never told me that he was not licensed. In addition I called him talent ting him know I had changed my mind, he said he was ripping up check. 10 days later I get a small claims court date to appear. Is this legal? He is also adding a stop check fee. In the email I told him not to attempt to cash my check. The cancellation was 8 hrs later via email and phone call.


Asked on 12/18/13, 5:22 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

You need to appear but you should also file a complaint with the Dept. of Consumer Affairs. And get proof that he does not have a license (Consumer Affairs will show you how). If you signed a contract with a licensed contractor, you can sue him for any charges in excess of $700. And you can counterclaim for malicious prosecution since he knows full well he is illegal.

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Answered on 12/18/13, 5:30 am


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