Originally posted by @Phebia Philpot:
@Rogelio M. YES. He has a very good criminal history with at least one charge of theft by deception. We have heard he is on probation so we are in the process of pressing charges but I’m not sure how any of that will help us recover any money. After all, you can’t bleed a turnip.
@Phebia Philpot ... so you have a dual track to possibly follow: Civil and/or Criminal ... each with advantages and disadvantages. Civil Court is better suited for recovery, but you will incur heavy expenses in hiring and attorney. Criminal Court is not specifically set up for recovery, rather for punishment; although, a criminal court CAN order some order of form of "restitution". Thus, by following the criminal rout, you could hold the transgressor to account, but without necessarily achieving an optimal recovery. You mentioned that the contractor is currently on probation for a prior incident; with a properly prepared case by the assigned investigator / detective, and with the preponderance of evidence on your case, a prosecutor could petition the Court to revoke the contractor's probationary status. Consider filing a complaint with the BBB, and the local and State contractor licensing boards. If there is a local entity that issues permits for rehab work, consider them as well for a complaint. No option is ideal; perhaps it is time, though, to see the contractor be held to account. It is best to perform due diligence on a contractor BEFORE hiring them. There is no better way to expose one's risk in hiring a contractor than to detect that the contractor has a background in committing theft, financial fraud or any other crime involving deception.