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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
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Experience:  Experienced Criminal Trial Attorney since 1998.
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Can a person charge someone $40,000 for construction remodel

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Can a person charge someone $40,000 for construction remodel to their home, tell them they need $20,000 more, never do the work, and then discharge the debt in bankruptcy and go out and do whatever they want after that?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Guru replied 1 year ago.
Welcome to JustAnswer.

Home repair fraud is one of those crimes that is hard to prove. The prosecution has to prove that he took the money never intending to do the work. If there are intervening circumstances that caused him to do the work, that would not be a crime.

If there is evidence that at the time he took there money, he never intended to do the work, then it may be worthwhile for the victim to file a police report. If he is convicted of a crime and ordered to pay restitution, the restitution is not dischargerable in bankruptcy like a civil judgment is.
Customer: replied 1 year ago.

I typed in additional information on the second screen but I don't think you ever got it. Basically, my friend is married to this guy that we think has antisocial personality disorder and possibly more. He has a history of breaking the law over 80 times (driving without a license, insurance, registration, seatbelt, in the hov, hunting without a license, spotlighting, shooting from a vehicle on hwy, writing fraudulent checks, DUIs, fighting, motorcycle without a license...the list goes on) He has no regard for the law or others. He was found on Match.com saying he is divorced and with PhD but he is a dropout. He has a girlfriend on the side that is probably being lied to like my friend. He has about 4 lawsuits supposedly written off in the bankruptcy. He used my friend's credit behind her back and bought a viper, eventually bankrupted them. When they turned his gas off, he cut off the lock. When they tried to repo the car, he drove away. Now he is trying to get out of child support saying he lost his job or he will get his boss to give him less income and more perks. He is accusing the lawyer of sleeping with his client and calling him names. All this around kids and this is barely touching on what is going on there. She just got a protective order today. Isn't there any kind of legal action just against a person in general almost like a class action for all of his bad behavior? He isn't accountable anywhere. Each person has to sue him for restitution? Thanks. It is just so frustrating to me!

Expert:  Legal-Guru replied 1 year ago.
Unfortunately, there is no court action for being a bad person or wrapping up all bad behavior into one case. If he were to be charged by the state criminally they could incorporate all the home repair fraud into one case, but if the people sue civilly, they most likely would have to do so individually. That is not the type of case that is usually granted class action status.

Usually, the best thing a person can do who is unfortunate enough to be in a romantic relationship and have kids with such a person is to (1) hire a good family law attorney, (2) get away from the person as much as possible, and (3) focus on their own and their children's physical and emotional health and let their attorney worry about the legal side of things. People like that are toxic and usually not worth the time and energy trying to see that they get penalized for their actions.

Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1354
Experience: Experienced Criminal Trial Attorney since 1998.
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