Hello, my name is ***** ***** I am the Certified Fraud Examiner who will be assisting you today.
I'm currently working on a reply to your question and I'll be back shortly with your answer. Thanks for your patience.
Hello again, I have reviewed your case and here are the actions that I recommend you take to get your money back:
Since you have already tried on multiple occasions to contact WCI but that hasn't resolved your problem. Here is what I recommend you do at this time:
1) You have a contract in place that clearly states all of the work that was to be performed and how much they were to be paid for completing the entire patio. In each state, contractors must be licensed to perform this kind of construction. This contract will likely state that they are licensed contractors. You need to document the evidence you have that shows they are not licensed to perform the work stated in the contract.
2) Take photos and document any additional evidence that the company did not perform any of the patio work as promised in the contract. If you can clearly show that you paid for a patio but you have not received any services yet, you are going to have a good case.
3) Since you paid by check, then you need to threaten to sue his company for fraud or breach of contract in civil court because they are not licensed as they state in the contract. The easiest way to threaten a lawsuit is to have at attorney draft a letter of your intent to sue him for your money back due to the company not being properly licensed. The letter should essentially state that you will begin legal proceedings if they will not issue you a refund by a specified future date. Because this can be very expensive proposition for him to hire a lawyer to represent him in civil court, he may be much quicker to give you a refund.
4) You can also consider suing them in small claims court to get back your money. The limit for small claims court in each state jurisdiction varies, but is usually somewhere around $7,500 for an individual suing another. The reason I say this is that you can easily represent yourself in small claims court without having to get an attorney involved and having to pay high legal fees. Since you will have the contract and the documentation that they are not properly licensed to perform the work as stated, then you are very likely to win. If you can get at least some of the money back from him in small claims court then you can just hire another contractor to complete the job.
5) If none of these avenues work, then you will be forced to hire an attorney and take him to civil court for the full amount you are out from the construction thus far ($10,435). Your attorney will be able to advise you if the potential of collecting the funds will be worth the civil litigation process and costs to you.
It has been my pleasure to assist you today and I hope this answer has helped you. If you do have any additional questions, feel free to ask and I will be happy to answer.
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Hello again, I noticed you were able to view the answer I prepared for you a few days ago. Do you need any further information or clarification?
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