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I need to sue a contractor for breach of contract and fraud.

Customer Question
Im not sure if I...
I need to sue a contractor for breach of contract and fraud. Im not sure if I should take this suit to Small claims or district court in MN
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Minnesota
JA: Has anything been filed or reported?
Customer: I have filed a fraud complaint with the Attorney General, tried to file a police report.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I hired a company to rebuild a deck. He built it without a permit and nothing was to code, had to rip it down and rebuild. He also used my credit card for unauthorize purchases at Home Depot Im out about $30,000
Submitted: 3 months ago.Category: Legal
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Answered in 3 minutes by:
7/27/2017
Lawyer: FamilyAttorney, Lawyer replied 3 months ago
FamilyAttorney
Category: Legal
Satisfied Customers: 1,537
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

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Lawyer: FamilyAttorney, Lawyer replied 3 months ago

I'm really sorry to hear about your contract issues. I would be angry if this happened to me too and believe me I'd want to sue.

You're going to want to bring this in District Court.

Small Claims Court in MN is called Conciliation Court. It has a limit of money damages for no more than $15,000. Since you will likely want to sue for more than $15,000, you should bring it in District Court and not in Small Claims/Conciliation Court. This will give you flexibility to sue for fraud, which can be an undetermined amount of money, plus your actual money losses.

I'd suggest you get an attorney for this. . We aren't allowed to refer to any particular lawyer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one. I have a short, easy to understand free guide and it will show you what to look for in an attorney. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. This part is free of charge -- I do this as a courtesy to my customers here. Just let me know if you want this information.

Does this answer your question or would you like more information?

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Lawyer: FamilyAttorney, Lawyer replied 3 months ago

Please let me know if there’s anything else I can help you with. That includes looking for lawyers. I’m happy to do so! I’m here most of the time (usually at night!) so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

Please accept my answer, and please rate my answer as one of the top three faces/stars (5, 4 or 3 stars, 5 stars would be much appreciated as I ALWAYS strive to give you 5 star service!). This can be found AT THE TOP OF THE PAGE and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. I have given you the benefit of my legal knowledge and 37 years of experience as well as my time.

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Customer reply replied 3 months ago
A few more questions - this contractor had a registered business, but was not licensed, I have the proposals but no signed contract, he has that. I am now having a hard time finding him, he moved. I am afraid it will be a process to recover these funds, should I still go to the trouble of District vs Small claims. I KNOW that I can will small claims. I have text messages from me stating "do you have the permit" and his reply "no we dont need one"
Lawyer: FamilyAttorney, Lawyer replied 3 months ago

Thank you for your question. I understand what you're saying. Yes, small claims is certainly easier than District Court and you can do this without an attorney as long as you have proof. You will have to sue for $15,000 because you can't go above that, but if you're more comfortable there and are willing to accept $15,000 as an upper limit, then you can bring it there. You may have to get a private investigator to find this unsavory person. I'm just really sorry you got stuck with someone shady like this. The text messages will help -- that's your case right there. You're going to want to make hard copies of the messages, with one for the court, keep at least one for yourself and one to the other side. If the Atty General or police can't find this guy--and I hope they can--then you will want to consider either getting a P.I. or check with online agencies such as skip tracers who look for missing people.

Thanks in advance for rating me. Once I'm rated, you can come back here anytime -- tomorrow, next week, next month, for a free follow-up question and I'll be happy to help you. Just come right into this room for that.

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Lawyer: FamilyAttorney, Lawyer replied 3 months ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

FamilyAttorney

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