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Question DetailsAsked on 2/18/2018

I gave a large down payment to a contractor for a kitchen re model. I never saw him again, won't answer my phone ca

Oct. 25,2017, Nate Cadle ( cadle custom interiors llc) came to my home, he was going to replace my kitchen cabinets.I didn't sign the contract, because I had some questions about the work. Mr. Cadle said he had another appoint and would return to discuss my concerns. I gave him a check for $4940. I never saw him again. Job was to be done by Thanksgiving, I texted him after the date passed, he then said Christmas, that date came and went also. I went to Seniors vs Crime, for mediation. Mr Cadle told the investigator 2 times he would send me a certified check, Mr. Cadle then texted me, asking me to call him. I did. He said I would have the check by Friday the 12th of January, it never came. I then made a complaint at Hillsborough County consumer protection. Investigator contacted Mr. Cadle, he then promised a refund check that never came. then he refused to attend mediation at Hillsborough 13th district court. How do I get my money back? We are seniors who got scammed.

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2 Answers

0
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presumably you realize now giving him the check without a signed contract was a big mistake.


Document everything - especially the mediation/investigator contacts.


If he agreed to mediation and failed to show up at court, usually you could file a petition for default judgement against him - meaning you win because he did not show. Of course, the courts do absolutely nothing about getting your money back - you have to file a lien or attachment on his business assets or accoutns and then go through the process of physically "collecting" them - commonly using a collectio0ns agency, which get a goodly cut of the amount. Or with a (name varies by state) Sheriff's Atttachment, where the court approves taking the asset (ideally cash if his checking account has it) and the Sheriff's Department (or for federal interstate cases US Marshalls Service) goes with you to physically watch over you as you take the items away.


I would talk to the HIllsboroough Consumer Protection office (not clear if you meant a non-profit or government agency), but normally (realinze FLorida is different in many ways) if the mediation at court cannot give you a default judgement, you would file a Small Claims actions against him (info in link below) for up to $5000 plus expenses and legal costs, then get an enforcement order fromt he court to attach his account and/or assets.


Another, parallel route which does not directly get you the money but puts a lot of pressure on him to make the charge go away, is filing a criminal consumer fraud complaint against him. While the DA's offce/police consumer fraud division cannot directly help you get the $ back, they should be able to give you the procedure.


Now the bad news - recovery (using an attorney to move it along) commonly runs $5,000-10,000 in legal costs,so more than you have at risk.


If you can get a court order for payment but are unalbe to enforce it, or maybe with a criminal fraud complaint, your homeowner's insurance policy might pay off on it - many have frraud protection - subject to your deductible, of course.


And after all is said and done, subject to approval ofphrasing by your attorney if one is involved, appropriate honest Reviews on Angies List, Ylep, etc might protect others from the same experience.

Answered 9 months ago by LCD

0
Votes

Assuming the Hillsborough County you are talking about is the one northeast of Tampa Florida, here is a link to the FAQ page on Smalll Claims Court, FYI:


http://www.flcourts.org/resources-and...

Answered 9 months ago by LCD




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