QUESTION

What is the best way to go about getting a deposit back from a contractor that never did the work?

Asked on Oct 22nd, 2015 on Collections - Florida
More details to this question:
This was for entry gates to my home. I was told 10 days to completion. I gave him a $900.00 deposit. It's been 4 months now and needless to say no work has been done or even started and I cannot get my deposit back. Coincidentally he did the same to my neighbor the same day and he gave him a deposit of $1800.00. After many phone conversations and text messages he said he would try and find a way to return the deposits. We would like to press criminal charges. I did send a certified demand letter to no avail. Small claims court does not seem the way to go because they do not follow through to get the money after a judgement. Your thoughts please. Thank You
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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Other than Small Claims Court, there is no legal way to FORCE the vendor to return your deposit.  You could try to "encourage" him to pay by contacting the Better Business Bureau -- but that only works if he plans to stay in business.  If you think he never intended to do the work and has stolen your money, you could contact the police.However, if you use the Small Claims Court process, there is a rarely used procedure that might help you get paid -- but it can only be used by NON-ATTORNEYS.  After you get a judgment, you could ask the Court to hold a Hearing in Aid of Execution under Rule 7.221.  The Defendant is required to appear before the Judge, where the Judge can require the debtor, under oath, to disclose financial information to determine how your judgment can get paid.  You may need to pay for a process server to serve an order requiring the debtor to appear -- but if he fails to appear, the Judge can hold him in contempt and have him arrested -- but only until he appears.  He can't be put in jail for not paying the judgment.Also, if you get a Small Claims Judgment, make sure you get a "certified copy" from the clerk and ask the Clerk to get it recorded into the Public Records.  That process creates a judgment lien on any non-homestead real property the judgment debtor may own in the County.  If he owns property in another county, you can get another certified copy (or use the same copy when it comes back after being recorded), and take it to the Clerk of the Court in the county where he owns non-homestead property to get your judgment lien.
Answered on Oct 26th, 2015 at 12:23 PM

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