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re: Update Page5: Got my shed! I paid some MS baw to build a shed and now he’s ghosting me

Posted on 5/6/20 at 8:59 am to
Posted by SprintFun
Columbus, OH
Member since Dec 2007
45794 posts
Posted on 5/6/20 at 8:59 am to
quote:

in hindsight yea i’m an idiot but dude came to my house we talked about the job picked out materials and i cut him the check


You said all conversations were done over Facebook messenger?
Posted by DustyDinkleman
Here
Member since Feb 2012
18176 posts
Posted on 5/6/20 at 9:00 am to
You fricked up

Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 5/6/20 at 9:00 am to
Well you just got a $1700 lesson in what not to do.
Posted by CE Tiger
Metairie
Member since Jan 2008
41584 posts
Posted on 5/6/20 at 9:02 am to
quote:

You said all conversations were done over Facebook messenger?


other than him coming over and meeting in person to get the check the communication were done from his facebook page
Posted by geauxtigers6492
Admin in Waiting
Member since Jun 2008
3981 posts
Posted on 5/6/20 at 9:02 am to
quote:

Contractor misapplication of Funds is a felony in Louisiana.



does it matter if he’s in MS and i’m in LA?


I don't personally know the answer, but hopefully you don't get the "that is not in our jurisdiction" from both sides run around.
Posted by BottomlandBrew
Member since Aug 2010
27095 posts
Posted on 5/6/20 at 9:08 am to
quote:

Why do people keep paying contractors in advance? WHY?!


For my company, it was because residential customers kept ordering jobs and then bailing on us after we had already produced custom materials. We now require a 50% deposit on all residential jobs.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18903 posts
Posted on 5/6/20 at 9:12 am to
Guy told me he needed a down payment for materials. I said “no problem, will meet you at Home Depot - you pick the stuff out and I will pay for it and have it delivered to my house.” Never heard from him again. Easy way to tell if they are ripping you off or not.
Posted by Bawcephus
Member since Jul 2018
2747 posts
Posted on 5/6/20 at 9:14 am to
In LA residential contractor fraud is very clear. See below.
quote:

. Residential contractor fraud; penalties
            A. Residential contractor fraud is the misappropriation or intentional taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations by a person who has contracted to perform any home improvement or residential construction, or who has subcontracted for the performance of any home improvement or residential construction. A misappropriation or intentional taking may be inferred when a person does any of the following:
            (1) Fails to perform any work during a forty-five-day period of time or longer after receiving payment, unless a longer period is specified in the contract.
            (2) Uses, or causes an agent or employee to use, any deception, false pretense, or false promise to cause any person to enter into a contract for home improvements or residential construction.
            (3) Damages the property of any person with the intent to induce that person to enter into a contract for home improvements or residential construction.
            (4) Knowingly makes a material misrepresentation of fact in any application for a permit required by state, municipal, or parochial law.
            (5) Knowingly makes a material misrepresentation of fact in any lien placed upon the property at issue.
            (6) Fails to possess the required license for home improvements or residential construction required by applicable state, municipal, or parochial statute.
            (7) Knowingly employs a subcontractor who does not possess the required license by applicable state, municipal, or parochial statute.
            B. For purposes of this Section, "home improvement or residential construction" means any alteration, repair, modification, construction, or other improvement to any immovable or movable property primarily designed or used as a residence or to any structure within the residence or upon the land adjacent to the residence.
            C.(1) When the misappropriation or intentional taking amounts to a value of less than one thousand dollars, the offender shall be imprisoned for not more than six months, fined not more than one thousand dollars, or both. If the offender in such cases has been convicted of theft two or more times previously, then upon conviction the offender shall be imprisoned, with or without hard labor, for not more than two years, or fined not more than two thousand dollars.
            (2) When the misappropriation or intentional taking amounts to a value of one thousand dollars or more, but less than five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than three thousand dollars, or both.
            (3) When the misappropriation or intentional taking amounts to a value of five thousand dollars or more but less than twenty-five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than ten thousand dollars, or both.
            (4) When the misappropriation or intentional taking amounts to a value of twenty-five thousand dollars or more, the offender shall be imprisoned at hard labor for not more than twenty years, or may be fined not more than fifty thousand dollars, or both.
            (5) In determining the amount of the misappropriation or intentional taking, the court shall include the cost of repairing work fraudulently performed by the contractor and the cost of completing work for which the contractor was paid but did not complete.
            D. In addition to the penalties provided by the provisions of this Section, a person convicted of residential contractor fraud shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. For the purposes of this Subsection, restitution to the victim shall include the cost of repairing work fraudulently performed by the contractor and the cost of completing work for which the contractor was paid but did not complete.

This post was edited on 5/6/20 at 9:15 am
Posted by Jack Daniel
In the bottle
Member since Feb 2013
25455 posts
Posted on 5/6/20 at 9:16 am to
Did you get a receipt or some type of document from his showing you paid a deposit? If not, you fooked
Posted by wadewilson
Member since Sep 2009
36547 posts
Posted on 5/6/20 at 9:19 am to
quote:


For my company, it was because residential customers kept ordering jobs and then bailing on us after we had already produced custom materials. We now require a 50% deposit on all residential jobs.


That should be standard for anybody that has to produce custom materials.
Posted by lsu13lsu
Member since Jan 2008
11481 posts
Posted on 5/6/20 at 9:19 am to
I learned the same hard lesson with a contractor. I will not do business with one that has to have money up front now.
Posted by CE Tiger
Metairie
Member since Jan 2008
41584 posts
Posted on 5/6/20 at 9:20 am to
i have a copy of the check given him with the note that says shed deposit
Posted by Volvagia
Fort Worth
Member since Mar 2006
51905 posts
Posted on 5/6/20 at 9:20 am to
quote:

Stupidly all our conversations were over facebook messenger .Owner picked up a $1700 check from me on March 30.


Dunno if I’m just ignorant/naive of how things work, but I’m not paying a dime in advance of anything if there isn’t paperwork involved.

I mean, you forked over 2 grand with nothing more than a good ole baw agreement, but with a stranger.
This post was edited on 5/6/20 at 9:23 am
Posted by Ed Osteen
Member since Oct 2007
57480 posts
Posted on 5/6/20 at 9:21 am to
You gave a stranger money that you only had spoken to through facebook messenger for a project that had yet to even be started?

Be glad that's all you lost and consider it a learning experience
Posted by lsu13lsu
Member since Jan 2008
11481 posts
Posted on 5/6/20 at 9:22 am to
quote:

For my company, it was because residential customers kept ordering jobs and then bailing on us after we had already produced custom materials. We now require a 50% deposit on all residential jobs.


Your company sounds like a reputable operation with an actual office to visit. I am more saying I won't pay a contractor up front for small projects and the contractor is just some small operation or one man shop.
Posted by CE Tiger
Metairie
Member since Jan 2008
41584 posts
Posted on 5/6/20 at 9:22 am to
to be fair he built my father in laws shed and used to work for a pretty reputable company that does a bunch of sheds in the area. that company closed and posted he was still doing the work
This post was edited on 5/6/20 at 9:23 am
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
20216 posts
Posted on 5/6/20 at 9:23 am to
quote:

Contractor misapplication of Funds is a felony in Louisiana. Contact your Sheriff, they can usually persuade him to begin the job or expect a warrant.




I would first send a letter strongly hinting something like this was about to happen...as in that was the next step after the letter
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 5/6/20 at 9:24 am to
quote:

That should be standard for anybody that has to produce custom materials.



Along with a contract. In writing.
Posted by TexasTiger90
Rocky Mountain High
Member since Jul 2014
3576 posts
Posted on 5/6/20 at 9:26 am to
quote:

I work for a subcontractor. I wonder if next time I'm awarded a job, I can just go ahead and bill for some of it before it even starts.

Front load your cashflow baw
Posted by maxxrajun70
baton rouge
Member since Oct 2011
3726 posts
Posted on 5/6/20 at 9:26 am to
I will finish the job for him. Go ahead and venmo me $1,700.
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