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Old 12-06-2012, 10:33 PM   Topic Starter
synthesis2 synthesis2 is offline
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I know I am probably screwed but need advice

Make the situation quick, wanted my deck redecked and found a guy on craigslist that does it. His companies name is "brown can do" and he had been around for a long time and had done work for a family member several years ago. Anyway everything seemed legit.

With that said he came out to the house, he was a little rough dress wise but seemed to have his stuff together and at least talked the talk to make you feel better about it.

Said he would order the composite boards but needed a deposit for the materials ($2500)

I gave him the money and let me know a few days later than those boards were on backorder so I gave some other ideas and he has since not got back to me.

Here is the question ( I know I was a dumb ass for even giving him a deposit I get it) but I intentially didn't sign the check as my safety net and if he would have asked me about it I was going to tell him that as soon as I see an order I will sign it.

Needless to say he signed my check and cashed it and I have not hear from him since and its been a month.

Here is the question should I

1) Go to small claims court? he may not have a penny to piss in and would loose in a landslide

2) Go to my bank and tell them I didn't sign the check and see what happens from there?

Just curious which was would be better to go.
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Old 12-06-2012, 10:38 PM   #2
ferrarispider95 ferrarispider95 is offline
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Go to the police first, he has committed forgery. Then take the police report to the bank and see what options you have. Unfortunately, I don't think the bank can do anything for you.
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Old 12-06-2012, 10:39 PM   #3
Frazod Frazod is offline
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Quote:
Originally Posted by ferrarispider95 View Post
Go to the police first, he has committed forgery.
This.

Did he actually try to duplicate your signature, or just write something in?
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Old 12-06-2012, 10:40 PM   #4
CrazyPhuD CrazyPhuD is offline
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Quote:
Originally Posted by ferrarispider95 View Post
Go to the police first, he has committed forgery.
This....and if you're in the KC area and he happened to cross state lines then it can be a federal offense....

You should be able to get a copy of the check from your bank which will clearly show the non-matching signatures.
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Old 12-06-2012, 10:44 PM   #5
listopencil listopencil is offline
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Quote:
Originally Posted by ferrarispider95 View Post
Go to the police first, he has committed forgery. Then take the police report to the bank and see what options you have.
^

Do it now.
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Old 12-06-2012, 10:38 PM   #6
Bacon Cheeseburger Bacon Cheeseburger is offline
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Old 12-06-2012, 10:39 PM   #7
Deberg_1990 Deberg_1990 is offline
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Wow, $2500 before he even did a lick of work. Who does that?
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Old 12-07-2012, 06:03 AM   #8
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Originally Posted by Deberg_1990 View Post
Wow, $2500 before he even did a lick of work. Who does that?
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Nearly every contractor I know. I have been screwed by not receiving down money before.

Edit: I should specify that the down is for material only, never labor.
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Old 12-07-2012, 06:29 AM   #9
htismaqe htismaqe is offline
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Nearly every contractor I know. I have been screwed by not receiving down money before.

Edit: I should specify that the down is for material only, never labor.
Correct.
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Old 05-18-2013, 11:18 AM   #10
BigRedChief BigRedChief is offline
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Quote:
Originally Posted by Deberg_1990 View Post
Wow, $2500 before he even did a lick of work. Who does that?
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We gave $1,200 to the guys doing work at our house. They would start the next day. But, we knew them and hired them because they had done a 3 month job across the street from our old house.

We are real happy with their work. We were definitely concerned that we didn't know someone and wish we would have Phobia to do it but its a new neighborhood.

But giving someone off craigslist without knowing them................They have committed two felonies. The police should take it seriously. You will get your money back if the catch them.
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Old 05-19-2013, 12:56 AM   #11
KCSLC2008 KCSLC2008 is offline
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Quote:
Originally Posted by Deberg_1990 View Post
Wow, $2500 before he even did a lick of work. Who does that?
Synthesis2 does, pay attention.
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Old 05-19-2013, 09:17 AM   #12
Buehler445 Buehler445 is offline
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I will buy the supplies and sit them in my yard... You will be working for me, you will either do business my way or go work for someone else ... Savvy?
Be careful if you provide too much. There is a tax form that the contractor can fill out saying that you should have have provided him W-2 Wages instead of a 1099. Then you're on the hook for his SE tax.

I don't know what the rules are though. But if you're providing everything, it sounds a lot like an employee than a contractor.
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Old 12-06-2012, 10:39 PM   #13
BigMeatballDave BigMeatballDave is offline
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Yeah, forgery.
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Old 12-06-2012, 10:40 PM   #14
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Old 12-06-2012, 10:41 PM   #15
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