Contractor not returning money

[Matt Tallent]

Hello all,

You may have heard this one before… I hired a contractor to do work. I paid him a deposit 500 out of 1250$ for some work. We ended up tacking on some other work so he said he needed more money I gave him 700$. Now I’m into him for 1200$. He ended up not being able to do the additional work because it would have cost too much. So he is back to doing the original $1250 worth of work previously agreed on. His contractor put a floor in and a little thing but most of the work wasn’t completed. Both checks I gave him were cashiers checks and we had a contract. I told him I’m hiring someone else to do the remaining work because he keeps blowing me off and he has to return the $700 check for the incomplete work . I have his tools and said I would return his tool and he can give me the check.

He said he’s not returning anything because he is sick with covid which I highly doubt.

Should I file a police report? I think a lawyer will be not worth getting the $700 back. It’s not a huge amount but I’d like to prevent others from going through the same thing.

[Caroline Gerardo]

The police are not going to help you, and you "stole" his tools... Small claims will take three months maybe you lose or win after paying $200 to file and two days work one to prepare and one to show. An attorney will want $4000 up front and maybe they can win. 

my answer: How much work did he complete? What is the cash value of that work? Is this is a bathroom floor? So he demolished what was there and added sub floor but no hot mop. Get someone else TODAY to complete.  Write off the $800/900 loss and move on. Tell him when he is well to come pick up the tools and ask for $500 back but not in exchange or as a demand (which he won't pay) be professional, be kind and start all over again with a better licensed contractor. (I only guess not licensed as is small job and every contractor I know in Philadelphia is booked like crazy and only want larger month long contracts) 

You as a realtor licensee have more to lose than this contractor he could make a police report about theft of the tools and have his friends write bad reviews.