I was scammed by a home improvement contractor in the state of Maryland. The case went to court, but was put on stet for 1 year with the stipulation that it could go to trial anytime during that year if it was requested for any reason. As part of the stet, it was stipulated that the contractor make monthly payments to me in the amount of $506 to begin January1, 2007. Needless to say, the monthly payments never began.

On 2/8/07 I contacted the state's attorney to advise that the contractor was not in compliance as I did not receive even the first payment. If he had nerve not to make the first payment I had serious doubt that he would make any. The state's attorney put in a motion for the case to go to trial. After not hearing anything from the attorney, I contacted her again, only to be told that the Judge denied the request for trial. I was very angry about that. When I questioned the attorney for an explanation for the denial, she could not give me one, only that it was denied.

I felt that as the victim I was due my date at an actual trial. Mainly for the important reason is for me to get a judgment so I can at least try to collect on that judgement. I am out over $6,000.00 and another $2,000 in damages incurred to my property by the contractor. He broke the law and I really want a criminal decision against him.

I have been told that I can not go for the additional $2000 in property damage in the criminal trial, but was advised that I could sue him civilly for that. The state's attorney advised that I should also sue him in a civil case for everything.

First, can I still sue him in a civil case for the $6000 if it has already been adjudicated in criminal court. If not, can I still sue him for the $2000 property damage in civil court since I am not seeking that in the criminal court. Would suing for the $2000 property damage be considered res ajudicata, being sued for the same thing?

Also, can a court deny that this case come to trial, even though I got the letter that told me I could request a trial anytime during the year? Does the court have to tell me why I being denied a trial? How can I get a judgement without a trial?

I am also worried about time frames as far a statutes are concerned. The case was in court within the year of my complaint. The stet was done in December 2006, so my year for getting it to trial is quickly running out.

The states attorney has requested a reconsideration (or was supposed to) to the judge for the trial. I am waiting a call now to confirm that was actually done and when it was done.

Thanks for you help.

johndaniel1

Hello john:

If you can get RESTITUTION, it's better than a civil judgment, because if he violates the restitution order, he can be sent to jail. If he violates the civil judgment, nothing happens to him.

However, if the state is not going after him criminally, you can certainly sue him civilly, and I would.

excon

I agree with excon that court ordered restitution is better then getting a judgement.

You certainly are entitled to an explanation of why the request for trial was denied. I would make an appt with the judge and ask for an explanation. I would also ask the state's attorney, why the contractor has not been arrested for failing to start paying the court ordered amounts.

But frankly I don't see much of a chance for you ever getting this money back. If the contractor was comfortable enough to not pay the 1st pmt, then he probably is judgement proof. And, if you have him put in jail, how will he pay you back then?

I'm not saying you shouldn't continue to pursue this, you should. But I wouldn't count on seeing any money out of it.

Thanks excon and ScottGem.

I talked to the States Attorney today and was told a motion done to request that the judge reconsider his denial for trial. It appears that the denial may have come about because of the way the motion was requested. This time they are going to stress that the violator is not in compliance of the monthly payments that was stipulated as part of the stet.

I am going for restitution, but I still have to be awarded a judgement. I know I may never collect, but I plan on making his life as miserable as possible if he doesn't pay up. All legal means though! And, if I'm not going to collect anyway the bum may as well be sitting in the jail cell for as long as I can get him there!

Believe me, I'm not giving up on this until the fat lady sings. Even if I don't get my money back (Lord, I pray that I will), he needs to feel a punishment!

Thanks,

johndaniel1