Legal types--HVAC guy flaked

Since there seems to be too many two wheel threads going on the Beeb right now.....

This begins last July 9....Long story short(ish), friend of a childhood family friend(who recommended dude) is an HVAC guy and offered to replace our leaky AC/coil for a "family" type deal. Cost on the equipment and $300 to install it, claimed 3 hours tops. Call him, he shows the next morning to make sure of what we need and says he needs parts payment upfront and labor at the end. No problem, stroke the $1800 check and he's going to get the unit(s). Coil outta stock, be in next day. Text back part made it, see ya in a.m. Hours later he calls and says his mother had a heart attack and he's headed to Mobile. No problem...Nearly a week later she passes away. Another week and he's back in town. Claims he hurt his back while there cleaning out her house and would do it asap. Another week and he actually shows up to charge the system until he's "back in shape" to install...AC works fine rest of summer.

Fast forward many, many missed appts and months later. Excuses, one after the other. I'm an honest person and probably a bit naive(maybe alot as it turns out!) but I wanted to give him the chance and it hasn't really been that hot until recently here, sssooo....not that big a deal.(outside the ATL)

Lately I've gotten real direct with him, offered many times to just come pick up the stuff I paid for and be done, yet he still refuses to let me.(yeah, I'm quite sure it's because he doesn't have it) Now, he simply ignores my calls and texts. I've told him I'm filing a suit and getting an arrest warrant for felony theft by deception. Says he doesn't blame me but "please one last chance" which of course didn't happen..Nor did I believe it would.

I have a mile long text thread between us and multiple audio recorded calls(Ga is a one party consent state...I consented) of him promising, guaranteeing, and even sobbing in tears.(explaining how he caught his wife cheating and is living with his dad-I drove to his house and his trucks were there)

What sayeth the mighty Beeb? Do I proceed with the warrant and start the civil suit? We live in separate counties. I'm told my county for arrest, his for civil...Is this the right path??

Thanks for any advice, ya'll!

 

The general rule is that if a contractor takes money but never starts the work it's an easy criminal case and the cops will prosecute. You may have to go to the district attorney though depending on where you live.

Even if you get a judgment against this deadbeat, you will probably never be able to collect. The criminal case where a judge orders restitution is your most likely way to collect something on this nightmare.

 

Some people thrive on drama. Sounds like this guy is one of em. $1800 later hell yes sic the law on him. Of course any reputable repairman charges on the back end with an estimate up front.
Funny how these types of people always make it sound like circumstances are just beyond their control. Death in the family, wrecked my truck, hurt my back, blah blah blah. That's called life and stuff happens. Now pay me.

 

From what I've been told at Magistrate court, I can file there for the civil case.(gotta be in his county or online) He then gets served and has to answer, but as you said, good luck getting money back.

I was also told there, to go to the Sheriff's Office to the Criminal Magistrate to get the arrest warrant. If it comes to that and he is arrested, do I need to hire an attorney to try to collect, or is it "open/shut" with the judge? I can't help but think the time and money involved would negate most of what I could recoup, which is likely what douche-nugget is expecting in the first place.

I'm real suspicious that his "back injuries" are a great way to keep a steady stream of "medication." I think this is a problem developed around/since we met, though I've no proof.

 

:up: And exactly where I've gone with him recently! He has recycled excuses lately.

Would I be wrong or "ill advised" to let him know I have recordings of his blubbering, begging and sobbing? Don't want to hurt my case but could be enough to have him own up to it?

 

So you would recommend proceeding with the criminal warrant route I take it? Sorry, if I sound like an idiot here, but at 41, I've kept straight laced and haven't needed a lawyer for anything more that property documents! Thank you!!:up:

 

Young man, you're too nice.
Swear out a complaint tomorrow and have him arrested.
It's the only way to get his attention.
Get a lawyer and slap a lien on his property.
You are not the only person he is doing this shit to.

 

If you don't do it he'll just end up screwing someone else down the line. He rattled your cage, your turn to do some rattling. I'm sick of low-life people. If the guy really cared he'd own up to his word one way or another, or at the very least be up front with you, sounds like he's done nothing of the sort.

 

Drive to his house and shoot him.

 

Don't you hate getting drug into crap like this? I got a similar treatment for a couple grand on a car that was supposed to be repaired and painted. Weeks turned into months with excuse after excuse, then he disappeared off the face of the earth. Learned my (costly) lesson, no more "good ol' boy" deals and no more money up front with me. Good luck getting anything out of this clown.

 

I think you got 2 issues, criminal and civil. Push the criminal for an arrest, then civil for return of money

 

Back troubles? He'd think back troubles. I'm not a badass, but don't mess with my coin. I become real stupid, real fast.

 

Hvac is a very regulated business in ga. Pretty sure you could have his business license revoked as well as easily collect in small claims

 

Not sure he even has one Greg!

All great info, 'cept for Metal o'course. (although it would be most satisfying) Thanks, keep it coming!

 

Yes. Go to the cops.

And I doubt that it's worth hiring a local lawyer to chase this deadbeat. The Judge or Prosecutor may be your best ally.

 

Thank you! Exactly the kind of thing I was looking to hear. I guess I know where I'll be tomorrow.:up:

 

If he's buying freon somewhere he has a Hvac license

 

Our system is old with the R22(?) that is no longer available or is $$$$$. Reclaimed is nearly all you can get now. We really only need the inside coil, but it makes no sense to do that since the freon is obsolete and not compatible.

 

If all you need is an a-coil and a recharge, don't replace the rest of the componentry just to be "up to date". A standard a-coil should run a few hundred at most, you won't need to replace your lineset or condensor, and even if you have to buy a full can of R-22, you'll still be a shit-ton less than $1800. IIRC the can of R-22 I got last year ran me just over $500.