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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6391
Experience:  20 years professional experience
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We had a house built and have found a lot of fraud including

Customer Question

we had a house built and have found a lot of fraud including two leans payment draws that he never paid and he walk away and we finished the job and many many more things that he put in the contract and did not deliver we paid off his liens and got our house done at an extra cost of 90,000 we are all documented and ready to go to the fraud unit and look for the DA to take the case he called us and we told him that we are going to do he has made a cash offer to settle the with us with that said we are going to do this with a mediator from the city code compliance division if he wants time to pay it off which he has mentioned and we do this with him all documented and witness and notarized the question is if he goes bankrupt or what ever do we still have a criminal case if he does not pay or is this a stall tactic or should we go straight to the the fraud dept aur docs and we have plenty off proof all and all and we also have the offer he gave us in a text that he just sent and said to wait to do this until we can work out
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.
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Expert:  Maverick replied 1 year ago.
1. the question is if he goes bankrupt or what ever do we still have a criminal case if he does not pay? Whether you still have a criminal case or not depends on what type of settlement agreement you sign. Most settlement agreements require you to agree that there is no admission of fault by either side and that both sides release each other from all liability. Here is what you should know, most DA offices will not take this type of case and will say it is purely a civil matter; however the contractor may not know that and while you have this leverage over him, I would try to milk a settlement out as a bird in the hand is better than 2 in the bush. Otherwise 90% chances are you will have to file a civil suit to get your money and by the time that is concluded he may not have anything to pay you with. So, unless he has a lot of assets and looks like he has a lot of income, you may want to consider settling for 50 to 70 cents on the dollar as your legal fees would likely take up that much from you. The other thing to consider is to go to the DA and file the criminal complaint anyways and still sue or threaten to sue for civil damages if he is not will to pay you a substantial portion of the settlement up front. This is really going to end up being a judgment call on your part based on what you believe about his ability to make on-going consistent payments; my thought is that if he defrauded you he is just stalling and if it were me I would file the criminal complaint first and then still threaten to sue on civil fraud claims.