1099 contractor won't complete W9 form

[Mark Gagner]

Hi BP,

In 2014 I hired a recommended contractor to do a quick job for me at the end of a project, but later learned that he was unlicensed (yes, I know I should have known that upfront AND got a W9 filled out before work started).  After he did the work, I flipped the house, so the full amount of the work should be a write-off to my company.  I won't bore anybody with more details on how I let this happen to me, just to say that I find myself in a predicament now.  I need to send him a W9 form to fill out, but the gentleman who recommended him tells me he probably won't fill it out because he only does work "under the table".  At the time he completed work, I wrote him a $2300 check to his personal name (evidently he doesn't actually have a business). I would like to know what (if any) recourse I have against this guy.  In my tax bracket, it represents over $800 loss if I can't write off the expense.  Of course, I don't want to spend $1000's in legal expenses to go after him....so can I just send him a 1099, even though I don't have a signed W9 from him?  What are my options if he won't respond to my  request to complete the W9 form?  Thank you!

[Steven Hamilton II]

Originally posted by @Mark Gagner:

Hi BP,

In 2014 I hired a recommended contractor to do a quick job for me at the end of a project, but later learned that he was unlicensed (yes, I know I should have known that upfront AND got a W9 filled out before work started).  After he did the work, I flipped the house, so the full amount of the work should be a write-off to my company.  I won't bore anybody with more details on how I let this happen to me, just to say that I find myself in a predicament now.  I need to send him a W9 form to fill out, but the gentleman who recommended him tells me he probably won't fill it out because he only does work "under the table".  At the time he completed work, I wrote him a $2300 check to his personal name (evidently he doesn't actually have a business). I would like to know what (if any) recourse I have against this guy.  In my tax bracket, it represents over $800 loss if I can't write off the expense.  Of course, I don't want to spend $1000's in legal expenses to go after him....so can I just send him a 1099, even though I don't have a signed W9 from him?  What are my options if he won't respond to my  request to complete the W9 form?  Thank you!

 Write out the 1099 and put refused for his SSN.