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Former contractor racks up 10K on company card in 4 days. Any recourse?

Posted on 9/12/17 at 2:14 pm
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1937 posts
Posted on 9/12/17 at 2:14 pm
I hired someone to do some work on my house, and made them an authorized user with a transaction limit on my Home Depot card. I should've removed his name as soon as he was done with the small project at my house, but there was potentially more work for him that I had.

Does anyone know of any laws that he broke? I know using company funds for personal use is illegal, and can be considered theft or embezzlement. I feel really stupid for trusting anyone, and cant believe he's been going to Home Depot three times a day and buying baskets full of chainsaws and drills.

Made a police report, and they said they would be able to find something on him to make a warrant. But I'm not too hopeful any of the stuff will be recovered. I just want my money back.
Posted by WavinWilly
Wavin Away in Sharlo
Member since Oct 2010
8781 posts
Posted on 9/12/17 at 2:24 pm to
quote:

Does anyone know of any laws that he broke?


yea. Theft.
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1937 posts
Posted on 9/12/17 at 2:51 pm to
Small claims maximum is $5000 in Louisiana. Any chance that I get any money back from him? Will they dock his pay, or do court ordered payments?

Would I be able to sue him more than once since it was on more than one occasion?
This post was edited on 9/12/17 at 2:52 pm
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48888 posts
Posted on 9/12/17 at 3:45 pm to
you will sue him once and recover all of your money in one lawsuit

get an attorney to help you get a judgment then garnish his wages if he wont pay (which i doubt he will)
Posted by sneakytiger
Member since Oct 2007
2471 posts
Posted on 9/12/17 at 3:59 pm to
Send him a bill with a demand letter
Posted by lnomm34
Louisiana
Member since Oct 2009
12604 posts
Posted on 9/12/17 at 6:47 pm to
quote:

hired someone to do some work on my house, and made them an authorized user with a transaction limit on my Home Depot card


You did what?!

Is that common practice??
Posted by Merkurstuff
Member since Sep 2010
2 posts
Posted on 9/12/17 at 8:38 pm to
What did Home Depot say? Had a similar issue with an employee. Home Depot refunded our account.
Posted by SilverStallion
Member since Aug 2017
1999 posts
Posted on 9/12/17 at 11:14 pm to
quote:

and made them an authorized user with a transaction limit on my Home Depot card


why would you do this...?

he probably doesn't even have 10 grand to his name.
Posted by Bill Parker?
Member since Jan 2013
4468 posts
Posted on 9/12/17 at 11:24 pm to
Introduce him to the courts, via an attorney.

When you get your money, unleash the OT on him.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 9/13/17 at 5:14 am to
I can not imagine any scenario where I would agree with this arrangement.
Posted by Honest Tune
Louisiana
Member since Dec 2011
15514 posts
Posted on 9/13/17 at 8:37 am to
This is something that fiction Rust Chole would have NEVER agreed to.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 9/13/17 at 8:56 am to
quote:

I can not imagine any scenario where I would agree with this arrangement.


Eh. I agree with you. But I'm thinking of the access I've had to my builder's accounts when working on my house. He'd just tell me to go to XYZ store and pick out what I wanted and charge it to his account.

His mistake here was giving him access after the services were no longer needed.

I also wouldn't have done this with a contractor I had only worked with once.
Posted by CorkSoaker
Member since Oct 2008
9784 posts
Posted on 9/13/17 at 10:11 am to
quote:

he probably doesn't even have 10 grand to his name.


True. But he can garnish his future wages. Definitely get a lawyer.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 9/13/17 at 10:13 am to
quote:

Eh. I agree with you. But I'm thinking of the access I've had to my builder's accounts when working on my house. He'd just tell me to go to XYZ store and pick out what I wanted and charge it to his account.

His mistake here was giving him access after the services were no longer needed.

I also wouldn't have done this with a contractor I had only worked with once.




Huge difference between picking out what you want for a contractor to pick up and install and giving someone a credit card, your builder had a recouse for collection.

I am betting this was not an actual contractor but just some guy, or even worse a family member that was doing work for him, also how exactly is this a "company card"?
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1937 posts
Posted on 9/13/17 at 1:21 pm to
he swears up and down that he didn't do it. There is a chance that the card was stolen. when I made him an authorized user they send out a card with his name, which I tear up. I never received the card, so it could of been taken out my mailbox.

They made purchases at 3 different home depot stores in baton rouge, Zachary, all have different signatures. not that this means anything, we live in Denham.


The HD authorized user is not a bad thing if set up right. you can have text to confirm where you authorize purchases via text, I just couldn't do that cause I dont always have access to my phone.

once I get the right department on it, they can subpoena the HD footage, and see licence plate numbers.
This post was edited on 9/13/17 at 1:32 pm
Posted by TimeOutdoors
AK
Member since Sep 2014
12120 posts
Posted on 9/13/17 at 2:30 pm to
Where else do you have accounts? Have any more work you need done?

Honestly though I would also talk to a customer rep with Home Depot as well. I would not be surprised if they try to help as well. There might be other people besides you that he has done this too. At least they may be able to have his name removed from their accounts.

And lastly, is this a licensed contractor? Talk to the state licensing department.
Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26574 posts
Posted on 9/14/17 at 8:24 am to
I actually believe him that he didn't do it. Not sure why.
Posted by Tiger Prawn
Member since Dec 2016
21853 posts
Posted on 9/14/17 at 8:41 am to
quote:

I hired someone to do some work on my house, and made them an authorized user with a transaction limit on my Home Depot card.


Why would you give someone, who obviously you didn't know very well, ability to use a line of credit under your name?

Should have went with the contractor to Home Depot to pick out all the stuff and then you pay for it instead of giving the contractor access to use your line of credit. That's what my parents did when they remodeled their bathrooms and kitchen a while back...went to Lowe's and cabinet store with the contractor when it was time to buy the materials.
Posted by geauxpurple
New Orleans
Member since Jul 2014
12251 posts
Posted on 9/14/17 at 9:15 am to
Try to press theft charges against him and ask the court and the DA to order restitution as part of his sentence. That would be the easiest way for you to collect. Otherwise you will have to sue him in some mid level small claims court (maybe City Court in BR). No, you can't make it easy by going $5,000.00 X 2 in small claims court. Otherwise you will have to get a judgment against him and garnish wages or seize assets. You will have trouble finding a lawyer to do this because it is a lot of trouble for a small amount of money. I know it does not seem small to you, but it is a small amount when it comes to a lawsuit.
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