Thanks @Lynette E. and @Todd Rassmussen
Todd you are 100% spot on. This guy is driving his business into the ground. This is an excerpt from a one-star review I found yesterday written by another customer that got stiffed just like me.
"The best way to describe [redacted] would be a scam artist running a construction Ponzi scheme." So, I am not the only one that has been shafted recently by this guy. The reviewer goes on to say that the GC promised to return his money and then never sent a cent. Doing some rough math, it works out that I sent my final demand letter around the same period that this guy did.
I am not worried about "Liable." The first rule of proving libel in a case is proving that the person said/wrote something about you that is not true. It is more than easy for me to prove my claims are true. I am not completely counting on being "bulletproof" but regard the chances of being taken to court as very small. He would have to spend tens of thousands on an attorney or get someone to take his case on a contingency. Considering his other bad reviews, I do not think there is an attorney out there that would want to take on a case like this. The GC would also have to prove his losses. Contrary to what some might think one can not just get a friend to come in and commit perjury by saying that they would've hired him but for my "damaging" remarks.
My main purpose in going after him is to warn others about him. I do realize that if I am successful in cutting off his sources of income, would leave less money to pay me back. I can tell from the tone of the other reviewer that he thought the same thing. If you leave a bad review and warn others, then there will be no "Peter" to pay you the "Paul." As much as 5k is precious to me, I would not want the money if it was to come from another victim. This guy has a fleet of vehicles, owns his own home, etc. So, there are assets to go after.
I do not need an attorney to take him to court. The attorney I spoke with yesterday is a VERY good one and has even written a guide for the Bar Association that walks a victim through the process of getting an enforceable judgment. https://njsbf.org/wp-content/u... It is a great guide and maybe could help someone even if they do not live in NJ. I have been there, done that with Small Claims, and am prepared to see this through.
Using the word "hurt" implied the wrong sentiment? I just wanted to be in front of this guy in some way so it would not be so easy to just ignore me and not pay me back. In the past, I have been ripped off by far more egregious guys and actually was successful in bringing down a ring of crime. I have a letter from the CA State's Attorney General Office commending me for all my hard work (and money in attorney's fees) in keeping on the case and seeing that the Civil matter got properly turned into a Criminal one successfully. The wheels of Justice run VERY slowly but if one sticks to it, you will have your day. Just like in "The Art of War" "Revenge is a dish best served cold."
I was able to kind of answer my own question yesterday on my own, so I will leave a list of what someone can do once they have been stiffed by a bad contractor. Some people do not mind being screwed or consider it the cost of doing business aka letting karma do its work but there are others like myself that simply do not want to feel "had" and are willing to put in the time because it means something to them and is worth it.
Scenario bad GC is hard to get ahold of, stops performing, work is subpar, etc. KEEP IN MIND THAT 85% OF PEOPLE JUST GO AWAY BECAUSE BELOW IS SO HARD!! THIS IS WHAT KEEPS BAD BUSINESSPEOPLE IN BUSINESS!!! PT. Barnum was attributed as saying "There's a sucker born every minute." Either you are ok with being a sucker or you are not. Below is help if you are not.
-First write GC a detailed letter, stating dates, issues, etc. TAKE A TON OF PICTURES. They say a thousand words and will be very useful. Everyone will want to see pics. Give GC an ultimatum to perform to standards or quit. Give options like exactly what you want them to do, when, how, etc to prove that they are "turning over a new leaf" and get a schedule from them and then hold them to that schedule. Document EVERYTHING. You will need it for court, complaints to the agency that oversees their lic in the state or county you live in and or court.
In this market, many GC are in huge demand. This usually means that they ask for and get money they have not worked for yet through large deposits and or having contracts that have payment schedules that massively benefit the GC and not the homeowner. In your demand letter, state that if they quit or do not perform appropriately that they have to cough up a determined amount and who the check should be made out to and where you want it mailed. Most importantly how long they have to pay you before you escalate.
Once all efforts on the part of the homeowner to mitigate (lessen) damages and has given the GC any and every chance to perform fail, then write another letter as a last-ditch effort to let them know they are within "material breach" of the contract. Courts like have their jobs be easy and by doing this leg work, you will make it abundantly clear who is in the right and who is in the wrong. A judgment is never "for sure" but this is leaving little room for the GC to legally wiggle out of. It is AMAZING what people get away with when they do not care about their character. Do not count on the courts seeing that you are right. You will have to more than prove your case.
Maybe once the GC sees that you are not only willing to see it through but are likely to prevail in the future, he/she might be willing to work with you to come to a solution that is acceptable to you both. It can help you in some cases to already fill out complaints with governing agencies and or the BBB and take screenshots of the paperwork that is "ready to go" should they not attempt to work with you. Also, threaten to write bad reviews on review sites like yelp, angieslist, google, houzz, homeadvisor (though they make it SUPER hard to find a specific contractor let alone write a bad review), thumbtack (they are like homeadvisor), buildzoom (I REALLY like this site. They list permits that GC pull and where so you can see what they are literally up to. Good or bad), etc. Again, if they have an oz. of character, they will work with you so they do not have the bad press and or ill will.
If GC still does not work with you to come to an acceptable resolution, send in the complaints to BBB and the governing gov agency that oversees the GC lic to do business. STICK with these complaints. Put reminders on your calendar to keep the ball rolling. It just takes a few minutes to let the person working for the oversight agency know that you are serious. So, two weeks after you send in the BBB complaint, email them to let them know that you still have not gotten an appropriate solution and want them to continue going after the GC. Squeaky wheels get grease!!
If it is not effective to "inspire" the GC to work it out with you because you have reported them to the BBB and the gov agency, then file in Small Claims or the equivalent in court. If your case is over the max of that court, then hire an attorney. Keep in mind that the ONLY thing you are allowed to seek remedy for is what you are out financially. This amount DOES NOT include things like your time, "pain and suffering" or "punitive" damages of any kind. It will not even include what it cost to get it fixed by someone that is trustworthy.
Another thing to keep in mind is that it can cost (and usually does) AT LEAST 100k to take a GC to trial. 99% of cases are settled out of court for this reason. This does not mean that settling out of court will get you any kind of resolution you want or deserve. It will probably mean that you will cut your losses and have to write off the "civil" matter. You can still pursue having their license revoked and or if it is bad enough, asking the court to hand it to the District Attorney's office for consideration as a Criminal matter. I have been successful in this regard and two of the six guys that ripped me off actually served TIME IN JAIL for what they did to me and my family. They also had to pay me RESTITUTION which is money the courts deem is owed to you as the victim. ALL six had their licenses revoked thanks to me.
Good luck. You will need 5% of luck to your 95% of hard work.