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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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I am in Ohio and paid a contractor located in Tennessee

Customer Question

I am in Ohio and paid a contractor located in Tennessee $30,000 for a log home package over 2 years ago. He has not delivered one stick of wood. Can I file a civil suit in Ohio?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good evening. Yes, you can sue him in Ohio since he is clearly doing business in Ohio by contracting with you to build and deliver the house to you in Ohio. But, I would raise the stakes on him. Send him a certified, return receipt requested letter detailing the history and terminate the contract and demand he refund all your money with interest since you no longer have confidence in him. Inform him that if he does not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as deceptive trade practices and fraud causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. I would also let him know you will be contacting the district attorney's office to investigate criminal prosecution for fraud and theft. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit and contact the district attorney's office. Even if you have to file the suit, that's likely all you will need do. In my experience, he will pay you without a hearing rather than risk punitive damages, judgments being on the record, and criminal prosecution.

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