The home contractor did not even start the work and now refusing to refund my money (Burlington: lawyer, Home Depot)

[lifesustain1]

Hello Everyone, looking to get help. last 4 months have been really stressful. I hired a contractor named Wesley. He lives in Burlington, MA. His company name was Souza and Costa Service (he had changed his company name already) back in June to remodel my kitchen and paid a down payment so he could buy materials. He did not even do any work, and after postponing the job 4 times, now he is refusing to refund our money. He cashed out the check back in June. The last 4 months have been very stressful, and I am looking for advice on how to get my money back. I am going to post a review on his Thumbtack account as well.

I have already filed a HIC and BBB complaint.

I cannot take my case to small courts because the sum is over $7,000. Please advise.

He has already changed his company name to Evolution Pro Service and keeps changing his phone number and company name.

https://nextdoor.com/pages/costa-sou...burlington-ma/

https://www.thumbtack.com/ma/burling...24417680465920

Also, looking to report to the local station, any advice will be appreciated. Thank you.

[OutdoorLover]

I think you need to sue this contractor - look for a good lawyer who specializes in litigation, and ideally knows the residential construction industry. If you wrote a personal check and he cashed it, at least you have clear evidence that you paid him, through your bank, who will have a copy of the canceled (paid) check.

[MikePRU]

Originally Posted by OutdoorLover

I think you need to sue this contractor - look for a good lawyer who specializes in litigation, and ideally knows the residential construction industry. If you wrote a personal check and he cashed it, at least you have clear evidence that you paid him.

Yup! Lawyer time. Maybe try contacting the attorney general's office as well since they often deal with consumer issues.

[BostonMike7]

Lawyer time

[MtPleasantDream]

I read somewhere a contractor in Massachusetts was convicted for the same reason.

Nowadays it’s better to use workers from Home Depot or Lowe’s unless you know the contractor well.

[mojo101]

is there a written contract,signed??

[mojo101]

Originally Posted by MtPleasantDream

I read somewhere a contractor in Massachusetts was convicted for the same reason.

Nowadays it’s better to use workers from Home Depot or Lowe’s unless you know the contractor well.

HD and L do not have contractors ,they have a list of independent contractors signed up with them,

[MtPleasantDream]

Originally Posted by mojo101

HD and L do not have contractors ,they have a list of independent contractors signed up with them,

I didn't say they have contractors of their own, but in case such a thing happens, you can deal with Home Depot or Lowe's directly, instead of chasing some unknown cheater.

Some of them are not independent contractors either. For example, the one replacing my windows is directly from Home Depot (he said so).

[mojo101]

HD AND Lowe may remove that contractor on the list,but I doubt they will do more.

[mojo101]

if the contract is with Souza and Costa CO and that company no longer exist,how do you take it to court?
ask a lawyer
there are legal columns you can ask such questions free and there are lawyers who are active there