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Started By
Message
Ok you legal minds of the OT. Got a friend who's been scammed.
Posted on 2/25/26 at 9:20 am
Posted on 2/25/26 at 9:20 am
And no it's not a bitcoin scam.
They are building a house and paid this subcontractor about 15,000 up front for work. He was supposedly reputable and did good work.
Well about a week after he cut the guy a check, the subcontractor fell over with acute heart explosion. He's gone.
After this happened, it was found out that other people had given some upfront money and was getting baby steps on work being done. Turns out the business was in a bind because the subcontractor and his wife liked looking like millionaires on the weekend but was in debt up to their eyeballs. They were living out of the business. And people's new deposits was funding work for people that paid months ago.
Now the spouse, instead of making things right, is hurriedly putting assets, including the business, in their kids name.
My immediate advice was to run to an attorney, any attorney with a pulse, and get a judgement ahead of anyone else and suppliers. They took the advice, but no attorneys want to bother with it no matter how small the office.
I told them it's probably a not so bad thing that they have placed the assets in another name because they are still alive and therefore would not be included in an estate closing or a bankruptcy by the spouse.
So what does he need to do since no attorney will take it? They obviously need to get a lien on the books and then possibly go after a fraudulent conveyance. Is this something they can take care of on their own with a friend (me) that could help them with a layman's knowledge of the law? The 15k isn't going to break them, they have a pretty good job and their mother, who may wind up funding the whole thing since she is pissed.
What say ye board law firm partners?
They are building a house and paid this subcontractor about 15,000 up front for work. He was supposedly reputable and did good work.
Well about a week after he cut the guy a check, the subcontractor fell over with acute heart explosion. He's gone.
After this happened, it was found out that other people had given some upfront money and was getting baby steps on work being done. Turns out the business was in a bind because the subcontractor and his wife liked looking like millionaires on the weekend but was in debt up to their eyeballs. They were living out of the business. And people's new deposits was funding work for people that paid months ago.
Now the spouse, instead of making things right, is hurriedly putting assets, including the business, in their kids name.
My immediate advice was to run to an attorney, any attorney with a pulse, and get a judgement ahead of anyone else and suppliers. They took the advice, but no attorneys want to bother with it no matter how small the office.
I told them it's probably a not so bad thing that they have placed the assets in another name because they are still alive and therefore would not be included in an estate closing or a bankruptcy by the spouse.
So what does he need to do since no attorney will take it? They obviously need to get a lien on the books and then possibly go after a fraudulent conveyance. Is this something they can take care of on their own with a friend (me) that could help them with a layman's knowledge of the law? The 15k isn't going to break them, they have a pretty good job and their mother, who may wind up funding the whole thing since she is pissed.
What say ye board law firm partners?
Posted on 2/25/26 at 9:21 am to CleverUserName
quote:
people's new deposits was funding work for people that paid months ago.
Very common.
Posted on 2/25/26 at 9:23 am to CleverUserName
quote:
acute heart explosion.
I've got nothing for the situation, but that's the most metal name for a disease ever.
Posted on 2/25/26 at 9:23 am to CleverUserName
Sounds like they need to get in line
Posted on 2/25/26 at 9:24 am to Proximo
quote:
Sounds like they need to get in line
That's the issue. Getting in line will involve a lien on the books.
The bonus of the fraudulent conveyance, may be anyway, is that if they get a lien under the current ownership, the kids, they then would prime everyone else that has a lien on the old business... like probably the IRS. Unless the other lienholders go after the transfer to reverse it first.
This post was edited on 2/25/26 at 9:28 am
Posted on 2/25/26 at 9:25 am to CleverUserName
Unrelated, I recommend immediately reporting the contractor/business to the state licensing board to prevent this from happening to other potential customers.
Posted on 2/25/26 at 9:26 am to CleverUserName
quote:
They are building a house and paid this subcontractor about 15,000 up front for work. He was supposedly reputable and did good work.
When are people going to learn to not give money to contractors up front. If a contractor is reputable and solvent, they won’t ask for or require any sort of payment or deposit up front.
Posted on 2/25/26 at 9:27 am to nes2010
quote:
Very common.
That's the game for many contractors sadly
OP, first thing you have to do is serve them notice. He doesn't really need an attorney and can take it to court himself. There is a lot of useful info on the net
FYI, find out if his wife was listed as the business owner too and go from there. You can find that info on the Sec of State's site.
The only issue is going to be getting paid on the judgment.
Posted on 2/25/26 at 9:28 am to CleverUserName
15k isnt that much. It could have been 300k. Lesson learned about who you hire, if they are bonded, etc. Paying 10% more for a company vs a pickup truck builder has benefits. They should eat it and move on. Put a lean on the estate.
Posted on 2/25/26 at 9:28 am to MSCGA
quote:
Unrelated, I recommend immediately reporting the contractor/business to the state licensing board to prevent this from happening to other potential customers.
I agree but they will tell you that they are only enforcement if the guy was unlicensed and anything else is civil or criminal
Posted on 2/25/26 at 9:29 am to CleverUserName
Depends a lot on how his “business” was structured. LLC, sole proprietorship, etc.
This is why I never pay money up front for work done. Always a draw.
Maybe find a law firm that specializes in construction law.
This is why I never pay money up front for work done. Always a draw.
Maybe find a law firm that specializes in construction law.
Posted on 2/25/26 at 9:29 am to CleverUserName
Tell your friend good luck. When I put a pool in years ago the contractor was using my money to pay subs from his previous jobs. It caught up with him on my pool and the subs quit doing the work. One of the subcontractors filed a lien on my house since he never paid them for the gunite work. The $15,000 might not be all he loses if there are unpaid subcontractors. Even if work is being completed, the contractor could be guilty of not paying the subcontractors, leaving the home owner liable for payment or having a lien filed.
This post was edited on 2/25/26 at 10:44 am
Posted on 2/25/26 at 9:31 am to UptownJoeBrown
quote:
Maybe find a law firm that specializes in construction law.
No law firm is going to take a case over $15K where the potential is just a judgment with no promise of getting it paid. If they do, they are going to charge $5K just to go through the motions
Posted on 2/25/26 at 9:32 am to CleverUserName
quote:
Got a friend who's been scammed.
quote:
the subcontractor fell over with acute heart explosion. He's gone.
He's not being scammed unless the sub is faking the acute heart explosion.
This happens a lot. Business owners believe they have plenty of time and hardly ever plan for worst case scenarios. They will do it one day and that one day never comes. Now your buddies in a bind and the spouse is trying to run the business. I wouldn't be surprised if she didn't have a clue as to what was happening with the business.
Posted on 2/25/26 at 9:34 am to CleverUserName
quote:
liked looking like millionaires on the weekend but was in debt up to their eyeballs.
You just described your typical American
Posted on 2/25/26 at 9:34 am to CleverUserName
I was asked to build a house for a good friend, at the time I was busy. He found a contractor to oversee the construction. The very first thing I told him, I’d rather write 200 checks, than one. Always owe them money. During the moving in of their new home, he got together a punch list. After weeks of calling, he called me. I asked, what do you still owe him. A little less than $19,000. He gave me the punch list, I had two guys finish it in a day, saved him thousands. Easy fix.
Posted on 2/25/26 at 9:35 am to AUCE05
quote:
15k isnt that much.
15k is a lot to most people.
Posted on 2/25/26 at 9:36 am to stout
quote:
No law firm is going to take a case over $15K where the potential is just a judgment with no promise of getting it paid. If they do, they are going to charge $5K just to go through the motions
At this point I believe they just at least want to get a claim in. Even to not pursue. Basically gambling the cost of a couple thousand to just get a valid, legal, claim on the books. I figured a paralegal could do most of the work to make that happen.
Posted on 2/25/26 at 9:37 am to CleverUserName
quote:
And people's new deposits was funding work for people that paid months ago.
That’s how most contractors operate, if business stops coming in, they are bankrupt in a month
Posted on 2/25/26 at 9:38 am to CleverUserName
quote:
gambling the cost of a couple thousand to just get a valid, legal, claim on the books.
probably throwing good money after bad, $15k was the cost of tuition to learn due diligence
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