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My contractor stole over 107,700$ from us and told us he has…

Customer Question
My contractor stole over...

My contractor stole over 107,700$ from us and told us he has no money and can't build our house

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Ga

Lawyer's Assistant: Has anything been filed or reported?

Yes 3 of us have filed with the sheriff

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Small town and the contractor has a son in law who works in the same office as the detective overseeing the case

Submitted: 8 months ago.Category: Legal
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Answered in 8 minutes by:
9/29/2017
Lawyer: Zoey, JD, Attorney replied 8 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,869
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. Did you ask the sheriff to prosecute the contractor? What is your question with regard to this?

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Customer reply replied 8 months ago
The sheriff is collecting evidence and take it to the DA , my question is what would be the best alternative process to recoup our money since the contractors relationship within the sheriffs department (aka son in law) does not give us confidence that anything will come out of them.
Lawyer: Zoey, JD, Attorney replied 8 months ago

If you can't rely on the criminal justice system to do anything about the matter, then you'd have to retain a lawyer and sue the contractor in civil court for breach of contract and fraud. Even if he really doesn't have the money to pay you back, once you get the judgment, you could get liens on his property, garnish his wages and tax returns, and essentially, he'll be working for you until you're paid back.

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Customer reply replied 8 months ago
are there attorneys out there who will sue his insurance and take their fee from the settlement? assuming he has insurance?
Lawyer: Zoey, JD, Attorney replied 8 months ago

Maybe, maybe not. Lawyers can choose to take a case on contingency. That's where they work without a fee except for filing fees and incidental expenses. The lawyer would not get paid unless he wins your case. Then he'd get about 40% of the award.

Lawyers will take a case on contingency if they believe that they can win the case and if their 40% would be enough to justify deferring their earnings for a year or two or more, since civil cases can take time. Also, they would look at the defendant's ability to pay. They are not going to take the case if the person they are suing turns out to be judgment proof and they put in all of their time for nothing.

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Lawyer: Zoey, JD, Attorney replied 8 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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