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I contracted with BLH Enteprises to remove existing windows…

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I contracted with BLH Enteprises...
I contracted with BLH Enteprises to remove existing windows and to replace them, 8/16/09. On 8/16 I wrote a check for one-half of the total indebtedness, $3583; on 9/1/09 salesman asked if I would pay the rest, foolishly I did, $3584. I do not have the windows 10 months later. The salesman I allege has used the money to take care of other things-medical perhaps. Now he has threatened me with bankruptcy. I charge that he has spent the money on things other than windows and labor. Is the charge of embezzlement reasonable-even winnable?
Submitted: 8 years ago.Category: Business Law
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6/28/2010
Business Lawyer: MShore Law, Attorney replied 8 years ago
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Thank you for the post, the salesman's employer would have to be the party to bring an embezzlement charge against him because he stole money from the employer. You could file a suit based on fraud against the employer for failure to provide the windows paid for. The employer, after learning of the salesman's actions could then proceed with a criminal suit.
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