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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16364
Experience:  15 years exp all aspects of general law
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I need to bring a case vs a handyman to court in Sept. I

Customer Question

I need to bring a case vs a handyman to court in Sept. I need to find a previously won FLORIDA case for court.
The handyman took a check for $750 and when I canceled the above ground pool job he refused to repay the money stating he "needed it to pay bills" his bills -having nothing to do with my work. He also was supposed to be paid $15 an hr and at mediation he blurted out that he gets $25 an hour off the top of his head. He came on to me sexually I turned him down and told him to stop calling me hon, honey etc. and that's when he refused to use the money for materials/labor or repay me.
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there -

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Was there any type of written agreement here?

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What type of work or what work was he supposed to perform on your kitchen?

Customer: replied 1 year ago.
He refused to sign a contract, the check was made to 'cash' as he asked. It was signed by his mother who I also took to court. I have never had any issues doing that in the past "cash".
He knew what the money was for; a deck around an above ground pool. Originally he was going to put up the pool, with no permit, do the electric with no license so I refused to hire him for that only the deck- he bought materials to remove a sprinkler where the pool would go, and we deducted 22.50 & 2.00 for parts for his labor against the check. So he KNEW what the $750 was for; building a deck, materials & labor with more to come as he worked.
I need YOU TO FIND ME another FL case for the courtroom that wins a case similar to mine: FL Statutes XLVI Chapter 812-crimes, theft, robbery and related crimes (c) willful misrepresentation of a future act, or false promise. (d) 1. Conduct previously known as stealing; or obtaining money or property by false pretenses, fraud or deception or .....(a) repairs or improvements to property. That and/or Title XXX Social Welfare Civil Actions: Adult Protective Services chapter 415. "A vulnerable adult (living alone 63 yo living on SS disability since 2006) who had ben ...exploited and may recover actual and punitive damages for such abuse, neglect or exploitation."
I have based my case on "Home Improvement Scams" http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/scamstargetelderly.html.
The complaints involve, among other things: Shoddy workmanship (photos and proof included) deceptive pricing (raising his hourly wage at mediation from $15 to $25 an hour and I was his taxi.) and failure to make refund.
I recently sent him a bill for my services. He charged his electric scooter here for 4-6 hrs while he worked on the fence, I also drove him to all locations to buy materials (with my money) on the THREE small jobs he performed previous to this fiasco with the above ground pool I canceled.
If you cannot present to me a winning similar FL case to help me win my case I do not need your services AT ALL because I will need to find one myself at the law library in Daytona Beach, I'm sure I'll die in there. I've already roamed online and found nothing. Good luck.
Expert:  Legalease replied 1 year ago.

Hello there --

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This is not a project that I can undertake at this time and so I will opt out (take myself off the question) and place it back on the open question board for other attorneys to answer. Please do not press a rating at this time because you will be charged for an answer I did not give. You wait until you actually receive an answer from an expert attorney before pressing a rating. In the event another attorney does not pick up your question quickly enough then you should contact our customer service department to see if they can find someone to handle your question and research.

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Best Of Luck with all of this.

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MARY

Customer: replied 1 year ago.
Thanks for giving it a shot. I will put in a call to the local Senior Legal Helpline tomorrow they handle civil legal issues.

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