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  1. #1
    Join Date
    Dec 2011

    Default Retrieving Money Builder Spent on Merchandise That He Returned, Keeping Money

    My question involves small claims court in the state of: texas
    My builder purchased countertops with our draw money($6600.00).
    He never admitted to us that he returned and received this money.
    I have both invoices.
    I began by calling him on the phone to confirm this happened without our consent or knowledge, he confirmed that this was done.
    Then I sent two emails requesting that he confirm by email that he is financially responsible for the purchase of our countertops.
    The builder would not do so.
    We contacted the bank and the bank met with him. He still has not reimbursed us. He also wants to deduct $1900.00 from this amount.
    We have given him plenty of opportunities to correct this problem.
    I am ready to file charges on him. I also need to retrieve our money.
    What are our options?
    We have very strong documentation.
    Thank you,

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Retrieving Money Builder Spent on Merchandise That He Returned, Keeping Money

    I cannot read your contract with the builder from where I'm sitting, so I have no information about what it says in relation to the builder's obligation to pay for the countertops from the draw, nor do I have any access to your "strong documentation". I also don't know if we're talking about a completed job, or a job that is not complete. Fill us in.

  3. #3
    Join Date
    Feb 2010
    CT & IL

    Default Re: Retrieving Money Builder Spent on Merchandise That He Returned, Keeping Money

    Really, in cases like this the devil is in the details .. not something you can vet out here. Go to a lawyer & be honest with him regarding what you think the contractor would say about the issues. It may save you money .. if the lawyer says anything of interest, write it down & check on your own ...

  4. #4
    Join Date
    Dec 2011

    Default Re: Retrieving Money Builder Spent on Merchandise That He Returned, Keeping Money

    Thank you for the reply.
    The builder purchased all materials from the draw money.
    The countertops were purchased, not installed with our money set up by the bank.
    Then after continued meetings and builder continuing to state over and over again that the countertops were already purchased, I call the supplier to find out he was reimbursed this money.
    I am of the opinion that this is fraud, without even getting into contract details.
    The evidence I have are the two invoices and dated emails that show a timeline of our builder lying to us.

  5. #5
    Join Date
    Oct 2011

    Default Re: Retrieving Money Builder Spent on Merchandise That He Returned, Keeping Money


    Regardless of the state in which you live, you need to generate a chronological order of events and a paper trail. First, forget the email, send the contractor a certified letter with your complaint. Registered letters are better but the contractor may not sign or pick it up which delays the process. In the letter outline your complaint and give the contractor a time frame in which to answer.

    Next, collect all available evidence showing the purchase/return activity. Because you live in Texas, check with the agency that monitors or licenses contracting activities and see what methods of investigation they have available. In some states contractors are required to post a bond to protect the public from such activity. Also check and see what the small claims limit is for your state. $6600 is tough because it's not enough to enlist the representation services of an attorney, but as stated above it might be a good idea to have an attorney review your claim/complaint and help you prepare your case - the fees of which you can ask for in your claim amount. Remember, the judge may dis-allow the fees but if you DON'T ask for them you WON'T get them.

    Lastly, I highly suggest you visit your local small claims court to watch a few sessions to get an idea of how things progress and how the judge deals with cases brought before him/her.

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