Legal Question in Civil Litigation in Pennsylvania

We paid someone half down ($750) to do contract work in our home. He left, immediately cashed the check and never showed up to do the work. He was supposed to email me a contract that night, and never did. Does the check constitute as a contract even though he did not do the work? We have been telling him from the 3rd day that we want our money back & he keeps leading us on that he has our money, that it's now in a bank check, and that if we want it we need to come & get it, but he never gives us specifics.

We just want our money back without anymore stress, but I think we're going to have to take him to small claims court. Can we get additional money for all the lies & stress that he has put us through to get this money back? I have proof in text messages of the lies & his attitude.

How long do we have to wait before we can file a small claim suit? This all started on June 9, 2016, the day we gave him the check.

Any help is appreciated. Thank you.


Asked on 6/22/16, 1:51 pm

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Does this person have a contractor id? If not you need to contact the attorney general's office.

Why pay him before he at least put i the effort of writing a contract. Let alone having him show up in his work clothes.

You could sue him tomorrow if you wanted but you'll do it wrong. There are statutes that could help you get more than you paid him as well as have him pay your attorneys fees.

Give me a call or an email if you want to know more.

{John}

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Answered on 6/22/16, 6:57 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

1. Contact your local police department. This is a criminal act. Getting police involved will usually resolve the matter since the contractor will not want criminal charges brought. 2. Prior advice you received is also good. Check if the contractor has a license issued by PA Attorney General's Office- http://hicsearch.attorneygeneral.gov/. You clearly have a civil remedy & may be able to file in smalls claim court, or consult with a local attorney. But the best way to get your money quickly is police involvement. Good luck!

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Answered on 6/23/16, 6:40 am


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