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    bhuddle5155's Avatar
    bhuddle5155 Posts: 1, Reputation: 1
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    #1

    Nov 20, 2014, 06:57 PM
    Frozen bank account
    I hired a contractor to do fascia and soffit on my house.I gave a him a check made out to his business for 1400 to buy materials to do the work After he didn't show up to do the work I made contact to him through email.He stated that domestic relations froze his business account and could not come and do the job because he didn't have the money for the materials.How can this happen this money did not belong to him.Is it legal to make me responsible to payfor his child support.Please advise on how I can get this money back.
    Thanks barb
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 21, 2014, 04:09 AM
    If this is a small contractor, and his business account is also just in his name, not a corporation, yes it could happen.

    Also, sadly this is a common fraud, where they do this to steal your money.

    In the end, it is not your problem, what happened to the money, once he got it. He is liable to you for the work, or to repay the money.

    You may want to inform him, you will contact the police for fraud, and also sue him, if the money is not returned or he does not show up with material and do the work.

    If he does not, and only give him a few days to do this, contact the police and start a small claims law suit against him
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Nov 21, 2014, 05:27 AM
    Do you have a written contract? Is his contractors license # on it? If so, look it up on your state website license division, and report him.
    I would start Small Claims ASAP. You can get a claim form off your state website too.
    There will be a fee of about $50, but it's worth it, especially if he knows you plan to get his license revoked.
    If he isn't licensed, then you have a lot less recourse.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Nov 21, 2014, 05:59 AM
    Next time, insist upon a performance bond before you pay any money.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 21, 2014, 10:51 AM
    First, I moved this from Family Law since its not a Family Law issue.

    Second, As soon as you handed him the check it became his money. Granted he was responsible for what to do with the money and you can hold him to that responsibility, but the fact that his account is frozen and why is of no concern to you. But there is no way for the agency that froze his account to know the source of the funds. No one is making you responsible for his support arrears except him.

    You need to file suit against him for either a refund of what you paid or to complete the work contracted for. However, if things have gotten so bad for him that his account was frozen it is going to be difficult for you to recover anything.

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