Legal Question in Civil Litigation in New York
fraud or civil suit
Hired a carpenter, signed a contract which required 50% down. He took a door and tv mount which was to be unsed in the project. Never saw him again. I am out hte $2,200 paid to him and $2,000 paid to the electrician because he said I needed to have the room rewired. Fraud? Civil issue?
1 Answer from Attorneys
Re: fraud or civil suit
The first thing you need to do is determine whether or not you can find him again.
1. If you can find him, try the police and criminal charges for fraud.
It is called 'Larceny by trick' and is a crime described in the NY penal Code under PL 155.05, also known as 'larceny by false promise'.
If you win a civil action, you still have to collect the money and that may be difficult. Only if the police will not pursue the matter should you file a civil action.
2. If you cannot find him, file a complaint with the police. Do not be confidant of any relief / recourse, but by filing a complaint you may someday get 'court ordered restitution'.
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