Contractor took my money!

[Vincent Plant]

I own a rental and the roof was in bad shape and the insurance co notified me it needed to be replaced or they would drop us. No biggie, I new going into it that it would need to be replaced soon so I began getting quotes. I got 4 quotes and went with a roofer that came with a reference from 2 friends of mine who had experience with him before. Because of this, I somewhat slacked off in vetting him and hired him based on a good price and the scope of work he was including. 

I met with him, signed a contract and paid him half ($3,500) on the spot. We shook hands and he agreed he would start the job the next Monday and be done by Thursday. 

Well, Monday morning I get a text that he needs to get his permit in my county renewed and he can't start until later in the week. I was annoyed and somewhat skeptical but didn't think much of it. As the days ticked on he kept failing to start. He would text me 2 hours before he was scheduled to arrive that his delivery was late, he was sick, it was supposed to rain etc... 

Finally I fired him. I told him enough is enough its unacceptable that he hasn't started and I wanted to part way and get my money back. He apologized and said he would meet me the next day with my money. 

Of course, he called me 2 hours before we were to meet with a story, he ordered the material and couldn't get the money back, some bs about his bank account blah blah. 

I waited until the end of the day and called the cops and reported it. They called him but told me they couldn't do much and I needed to file a civil suit. This is my next step but it doesn't seem promising honestly. 

The roofer is still in touch with me daily. He answers every time I call and responds to every text apologizing and saying he's going to pay me soon, yet he keeps not showing up with the money. Everyday its another story about some loan hes getting and his family is helping but its obviously all BS.  The police won't help, I feel like suing him will take forever and won't be effective, and I still don't have my money.  

[Gagan P.]

Police won't touch it unless he gives you a bad check (and even that depends on where you are).

A few things I can think of. One, if he claims he bought material, tell him to bring it.

Second, you mentioned he needed to renew his license. He may also have a bond on file, or insurance, that you can go after.

Lastly, small claims court. Assuming you got something in writing? If not, and you have witnesses, that's fine too. A trick with that is (again depending on state law) record a conversation or have someone in the room and phone on speaker with him promising a date to return your deposit due to him not starting on time. Just make sure you have single party consent laws.