What is the civil summons process ??? How long does the deputy have to deliver the summons.?? We hired a contractor to do a job and he didn't return to finish the job after receiving a draw. This is SC (( Columbia )) If our addresses turn up negative for delivery from the deputy what is the next step?? When do the police use their vast info system to find the contractor??? I provided the contractors drivers license number that was provided on the cancelled checks he got from us, do the police use the info or is the normal citizen suppose to pull the correct address from "thin air" ???

steveinpa

A few more thoughts. Explore filing a Criminal Fraud complaint. I understand that the police told you to file a Civil Complaint. I am not sure of local procedure there. You might inquire at the Office of the District Attorney/Prosecutor (usually a county office). Ask about filing a Private Criminal Complaint (the label used in PA, maybe called something different in your state). If they accept it, then they will prosecute the criminal charges (hopefully get the guy's attention), and you will need to cooperate, have documentation available (canceled checks, contract, pictures, etc), and the judge hopefully will be convinced and award restitution (where the county/state will collect the money and pass it on to you). If you cannot proceed with a Private Criminal Complaint, then you will have to file a Civil Complaint. You might look for a legal clinic, or an advertisement for a local lawyer where you get reduced legal fees, to explore the possibility of other relief. For example, PA has a Consumer Fraud Statute, where if fraud is proven, the victim can get awarded treble damages (you would get your $4k, plus more, up to $12k total). Again, I do not know local law there, and you should talk to a lawyer before you file (it is easier to file properly first, not have to amend a complaint later). As far as finding the guy, after you file a Complaint, you have more access to resources than the Federal Freedom Of Information I advised earlier. Once you file, you have a Caption and Docket Number, meaning you can now issue a Subpoena on the Depart. of Motor Vehicles to get copies of the guy's Drivers' License and Vehicle Registration data. I think consumers do not realize how tedious and frustrating the process can be. A word of caution though, you might go through all of this, go to court, get a judgment, and if the guy is "judgment proof", you will get no money. Some small businessmen (many contractors) have no bank account or real estate, and the process to take possession of a vehicle is not easy. Be very careful in the future. Some consumers will only deal with contractors who are "bonded" and have a positive rating with the BBB (Better Business Bureau). Another idea is to check the local dockets to see if others have sued this guy before. There may be a long line of judgments against him. You might then conclude it is not worth it to proceed. For a $4k claim, you really should talk to a local lawyer - many will offer an initial consultation for no charge. Good luck.

Ace High

Hi Steve,
"Explore filing a Criminal Fraud complaint" Appreciate your input. The lawyer I saw a few days ago is going over the paperwork now. And actually did mention something about the Criminal aspect of this. I will have to wait and see what they decide here in SC. Hopefully, next week I will hear back from them. I will have to check into the Consumer Fraud Statue. I did file with the BBB but they haven't even sent me a response yet themselves. I did take my info to the lawyer: photos, contract, cancelled check etc. I'll try to keep you posted. Greatly appreciate all the info ---- Ace