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re: Ok you legal minds of the OT. Got a friend who's been scammed.

Posted on 2/25/26 at 11:01 am to
Posted by stuckintexas
Austin & DFW
Member since Sep 2009
3191 posts
Posted on 2/25/26 at 11:01 am to
quote:

doubt few, if any, have ever recovered money from a fly by night contractor

It was the client that got arrested. I'm an electrical contractor. The project was remodeling a commercial space for an insurance office. When it was done, he didn't pay any of us our final draws. We all filed theft of services charges, and felonies were discovered during the investigation. He got three years in jail for the felonies but got out after 18 months.
Posted by Funky Tide 8
Bayou Chico
Member since Feb 2009
56883 posts
Posted on 2/25/26 at 11:01 am to
quote:

but that's the most metal name for a disease ever


Chronic Heart Explosion would be more metal.
Posted by OweO
Plaquemine, La
Member since Sep 2009
122197 posts
Posted on 2/25/26 at 11:03 am to
quote:


Unrelated, I recommend immediately reporting the contractor/business to the state licensing board to prevent this from happening to other potential customers.




I think his death might do a better job at preventing them from doing it to other people.
Posted by ChatGPT of LA
Member since Mar 2023
6396 posts
Posted on 2/25/26 at 11:26 am to
quote:

He was supposedly reputable and did good work.


What does this mean? You can't be half pregnant.
Did he check with other builders and homeowners? Was the guy reputable or not? Licensed, insured, good standing w state?
Posted by Skippy1013
Lafayette, La
Member since Oct 2017
819 posts
Posted on 2/25/26 at 11:29 am to
If your friend (you) was dumb enough to give $15,000 upfront, then he (you) need to learn a good lesson by losing this money and he (you) will never make this mistake again.
Posted by ChatGPT of LA
Member since Mar 2023
6396 posts
Posted on 2/25/26 at 11:30 am to
quote:

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.


Lawyer up. Because im sure they are all in a contract together thats binding.
Id pay a lawyer 500 to send them whatever letter needed, demanding immediate refund, or else. Early bird is gonna get the worm here, before they go bankrupt.
Posted by AUFANATL
Member since Dec 2007
5360 posts
Posted on 2/25/26 at 11:42 am to

quote:

no attorneys want to bother with it no matter how small the office.


Small Claims Court.

Should be plenty of information online about how to file, what is needed, who and how to service process, etc.

Posted by Turnblad85
Member since Sep 2022
5565 posts
Posted on 2/25/26 at 11:42 am to
sounds like the lowest bid may have ended up being the most expensive.


eat it and move on a smarter person.
Posted by 777Tiger
Member since Mar 2011
92377 posts
Posted on 2/25/26 at 11:43 am to
quote:

the lowest bid


never take the lowest bid
Posted by CleverUserName
Member since Oct 2016
17502 posts
Posted on 2/25/26 at 11:45 am to
quote:

If your friend (you) was dumb enough to give $15,000 upfront, then he (you) need to learn a good lesson by losing this money and he (you) will never make this mistake again.


Oh it's not me. I bought my house in 09 from a builder wanting out from under it. My new home experience is going to closing and leaving with keys.

However, he is building because of where he wants to live. On their own family land.
Posted by Turnblad85
Member since Sep 2022
5565 posts
Posted on 2/25/26 at 11:51 am to
quote:

never take the lowest bid




a lot of people think that shopping for services is the same as shopping for a product at walmart,amazon,target ect.--just find the lowest price and hit order.
Posted by GeauxZone90
Baton Rouge
Member since Jul 2010
3639 posts
Posted on 2/25/26 at 11:55 am to
Your friend just paid for the guys funeral
Posted by AUCE05
Member since Dec 2009
45374 posts
Posted on 2/25/26 at 11:58 am to
You dont understand how a LLC works. OP can get in line with others requesting payout of debt. The family is not responsible for any debt from the LLC. OP is left holding the bag.
Posted by 777Tiger
Member since Mar 2011
92377 posts
Posted on 2/25/26 at 11:59 am to
quote:

The family is not responsible for any debt from the LLC.


unless there was fraud involved
Posted by PalletJack
LA by birth, TX by choice
Member since Oct 2024
1070 posts
Posted on 2/25/26 at 12:08 pm to
quote:

Even if they are legit and say they need the money for materials, I go with them and pay for the material myself to have it delivered to my driveway/garage


You can do your materials this way but it's hard to hire the best if you want to be this involved.

A better arrangement is cost/plus. You have them estimate it. When the order is placed it is paid by you and delivered to you. All materials and leftovers belong to you. You minimize the risk of someone running off with the materials. You pay a percentage to your contractor for his efforts, 10-20%, this is negotiable. You have to pay for expert estimating and ordering, this is not free money for the contractor.

Once work commences do a bi-weekly draw payment based on labor quote. Manage the payout and stop at 60-75% until complete. If it's a short job negotiate how much labor draw to start and how much once complete.

There are many variables to be considered and you can structure the deal many ways. Giving a guy half of a $30k job will never be a choice I make.
Posted by DCtiger1
Member since Jul 2009
11790 posts
Posted on 2/25/26 at 12:11 pm to
They will never see any of that money again. Do they want to spend money on litigation to potentially not recover anything? tough lesson learned unfortunately.
Posted by 777Tiger
Member since Mar 2011
92377 posts
Posted on 2/25/26 at 12:12 pm to
quote:

tough lesson learned unfortunately.


should have come to the OT first
Posted by SixthAndBarone
Member since Jan 2019
11192 posts
Posted on 2/25/26 at 12:17 pm to
quote:

Well about a week after he cut the guy a check, the subcontractor fell over with acute heart explosion.


Dying form a heart attack isn’t a scam.
Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
10018 posts
Posted on 2/25/26 at 12:19 pm to
quote:

Your friend just paid for the guys funeral



Good one
Posted by ChatGPT of LA
Member since Mar 2023
6396 posts
Posted on 2/25/26 at 12:24 pm to
quote:

You dont understand how a LLC works


Oh the irony

LLCs "can" protect you. But its a fine line. Read up on "piercing the corporate vail"

There is ZERO, NONE, NADA, ZILTCH...chance that this vail wasn't pierced, in this llc

Basically meaning his family assests are exposed. Ill paste a general breakdown.
Im sure you'll agree at minimum, the wife is exposed

quote:

If a court pierces the veil, it is basically saying:
“The LLC was not really operating as a separate business — it was just an alter ego of a person.”
So the court allows the plaintiff to go past the LLC and pursue personal assets of responsible individuals.

quote:

Who Gets Exposed When the Veil Is Pierced?
? Usually ONLY:
The member(s) or manager(s) who controlled the LLC improperly
Anyone personally involved in fraud or misuse
Someone who commingled funds or used the LLC as a personal bank account


quote:

? NOT Automatically Exposed:
Your:
Spouse’s separate property
Children’s assets
Family trust assets (if properly structured)
Other family members’ accounts
unless they were:
Owners
Managers
Participants in wrongdoing
Using the LLC themselves.


quote:

Important Louisiana Angle (Very Relevant)
Louisiana courts are actually reluctant to pierce LLC veils unless there is strong evidence such as:
Common factors courts look for:
Commingling personal and LLC money
Failure to keep records
Fraud or misrepresentation
Undercapitalizing the business
No operating agreement or governance
Personal use of company assets
One big one here:
Fraud or abuse is usually required.
Simple business failure usually isn’t enough
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