I know I am probably screwed but need advice
 

Make the situation quick, wanted my deck redecked and found a guy on craigslist that does it. His companies name is "brown can do" and he had been around for a long time and had done work for a family member several years ago. Anyway everything seemed legit.

With that said he came out to the house, he was a little rough dress wise but seemed to have his stuff together and at least talked the talk to make you feel better about it.

Said he would order the composite boards but needed a deposit for the materials ($2500)

I gave him the money and let me know a few days later than those boards were on backorder so I gave some other ideas and he has since not got back to me.

Here is the question ( I know I was a dumb ass for even giving him a deposit I get it) but I intentially didn't sign the check as my safety net and if he would have asked me about it I was going to tell him that as soon as I see an order I will sign it.

Needless to say he signed my check and cashed it and I have not hear from him since and its been a month.

Here is the question should I

1) Go to small claims court? he may not have a penny to piss in and would loose in a landslide

2) Go to my bank and tell them I didn't sign the check and see what happens from there?

Just curious which was would be better to go.

Go to the police first, he has committed forgery. Then take the police report to the bank and see what options you have. Unfortunately, I don't think the bank can do anything for you.

You're not screwed. You're ****ed.

This.

Did he actually try to duplicate your signature, or just write something in?

Wow, $2500 before he even did a lick of work. Who does that?
Posted via Mobile Device

Yeah, forgery.

Antifreeze.

This....and if you're in the KC area and he happened to cross state lines then it can be a federal offense....

You should be able to get a copy of the check from your bank which will clearly show the non-matching signatures.

Part that scumbag out. Organs are gettin some major bank on E-bay.

Should be easy to prove fraud.

^

Do it now.

:popcorn:

Yep, don't waste time.

Use a particular set of skills to track the guy down and kill him. Or go to the police.

Go buy a framing hammer with your last 20 dollars and smack yourself in the head with it.

FAX

Now you know what brown can do for you.

Whoops. State law gives construction guys mechanics liens in case they don't get paid, so never give them an advance.

Okay, but lesson learned. Good luck. I would think you would get a default judgment in the county, then spend some time with the cops looking for forger. Then file your judgment in his county and attach his property. I would expect it to take time and probably not get full return, but you never know.

1. Don't do business on craigslist.
2. If you do business on craigslist, don't advance any money.
3. If you're on a site with one of the best deck builders in the metro, call him first.

Dumbass never pay up front.

ROFL

Really? How do you trust anyone in that particular sector of business? No disrespect to anyone in that industry, but if I'm doing anything on the house, I don't write a check before work is done...

Unless it's family...

Yeah. This is a matter for the police now.

Next time a guy wants you to pay for materials up front, have the materials delivered to your site in your name and pay the supplier yourself upon delivery. Then it won't matter if the contract labor flakes out on you.

This guy either wanted to rip you off from the get-go, or he wanted you to become the banker for his business. Either situation is bullshit.

You wouldn't do business me then. We make and agree upon a sensible payment schedule before work commences. That way if you get hit by a bus or are trying to take advantage of me, I don't lose my house. If I get hit by a bus or am trying to take advantage of you, you're not hurt too badly either. I can't buy $5k worth of material and then float you a loan while paying for the labor to have it all installed. There's a reasonable compromise and if you do business with reputable people who have real businesses your risk is minimal. If you do business with people from craigslist or want ads, you're going to be screwed more often than not. I've been hurt a whole lot worse by deadbeat clients than this guy was screwed by a scam artist.

The way I see it, you want your client to lend you money to pay for your employees. If your client is paying your expenses throughout the job, what exactly do they need you for?

No. Not at all. I want paid for materials as they're delivered. I want paid for a half-done job when it's half done. I can't do a $50k job and wait a month to get paid on it. Some guys can and do.

I lost $15k to a lady when I first moved to KC. That will never happen again. Ever.

They need me for my expertise, resources and labor. I don't need a grocery store. I can create everything they sell there. I just don't have time, tools, nor expertise.

Call these guys:

http://www.jmorganmarketing.com/wp-c.../06/a-team.jpg

here's where the theory hits the street, I suppose. My understanding is that the mechanics lien attaches whatever you built or improved upon. But there's no protection for all the lost hours spent, huh.

Mechanics liens are awesome for new construction. Because the title can't be transferred without the lien being paid. They're worthless for an existing home because you're out the materials and labor you put in plus the filing costs of renewing the lien. My mistake was working on a rental for a lady that won't transfer title until she dies. There's no way I'm throwing $50 a year at that for 40 years until she's dead. I'm already out $15k. Live and learn. I learned.

I've never had a grocery store just disappear with my money, and except for Costco, they've never asked me to pay in advance.

I understand your position, and we might be able to come to an agreement only if I knew and trusted your reputation.

We're on the same page. Reputation is 60% of closing for me.

It's a joy to find people who have that kind of reputation. It's a relatively rare and valuable asset.

these guys?
http://www.browncandoetc.com/index.html

http://www.bbb.org/kansas-city/busin...mo-1000001253/

Son of a gun. Those guys at 816-878-2051 and 816-878-1884?

That's 816-878-2051 and 816-878-1884.

Once again, those numbers are 816-878-2051 and 816-878-1884.

Operators are standing by.

I would be happy to make you a better deal. I can pm you my address and you can send me a check for 2K. I will show up and get it done after your check clears...LOL.

If anybody here needs their Deck redone... PM Me

Former credit manager here. You're not screwed at all. If you didn't sign that check, it's not a legal instrument, and therefore could not be cashed legally. Contact the fraud department within your bank first. Second call the police and file a criminal report if your bank tells you there is a signature on your check. Third call Phobia and have a professional job done at reasonable rates. Fourth ?????????????. Fifth profit!

Did OP happen to take a copy of the unsigned check before he tendered it? If so, I think he's in better shape than if he didn't.

Nearly every contractor I know. I have been screwed by not receiving down money before.

Edit: I should specify that the down is for material only, never labor.

Staple his scrotum to a fence post.

Doesn't matter. If he didn't sign it he is not responsible. His bank has it now and forgery paperwork is all that's required for his bank to refund him immediately.

Good to know.

Correct.

And correct.

Not cool, do you know where the dudes house is?

Craigslist is rife with scam artists. I sell alot of music gear on it, but cash only. They don't like it, they can f**k off.

Z

Yep, everthing I have sold on Craigslist has been CASH ONLY. I always love it when I have that stated in the advertisement and some strokestick will ask, "will you take a check?"

On the check I was uncomfortable with giving him money up front so I filled out the check and did everything but sign it. I did sign his "contract" talking about the work.

My best guess is that he took my signature from my contract and copied it over to my check because it looks very close to my signature.

How can they verify that it isn't my signature if it looks very close?

I hvae to give the guy credit, he is slick..

Just don't know if I go that route or go the small claims court route?

I'd call him and say he'd better have the money at my house by noon, in cash, or expect a visit from the cops.
Then I'd call my bank to get the wheels in motion on a fraud claim.

Once again, do you know where the guy lives? If it were me, I would be knocking on his door.

Just playing devils advocate here..........I agree with what everyone is saying about filing a forgery report with the local police and contacting your bank.

However, is it possible that the materials truly are on backorder and he had to put money down with the supplier to place the order? Is it possible that he is just unreliable at getting back to you but is waiting on the materials?

I would also consider asking him who the supplier is and attempt to verify that the materials have been ordered. I have seen some items take a long time to come in. My co-worker recently replaced his deck with composite materials and had to wait for an extended period to get them in.

Good luck!

find him, and break his knees with a baseball bat. $2500 well spent.

Who takes a check that isn't signed? Besides that guy of course. Although the forgery was made easier by giving him a signature to copy onto the check.

There once was a guy named synthesis 2.
Who payed for a deck before the work was thru.
He should've called Phil.
Before paying that bill.
But now he's most definitely screwed.

I don't know how complex your signature is, but a handwriting analyst should be able to determine if it is a fake. Personally, I have an extremely intricate and almost completely illegible signature. Good luck to anybody who'd try to copy it.

OTOH, if it's a 100% spot-on reproduction of the signature from your contract, then he probably copied it from the contract and used a printer to put it on the check. It should be easy to determine whether or not it was written in ink. In any event, you should consult the police immediately.

Listen to Flopnuts on this. Deal with the fraud department of your bank. If the police need to be involved the fraud department will let you know.
Small claims court IMO & experience is a big F-ing waist of time.

Uh oh. You're going to get sued for this thread for disparaging online comments.

:clap:ROFLROFLROFL

SMH

Seriously?

On the bright side, you could probably get someone from craigslist to break his leg for $500.

This.


Why even take the check if he has to come back to you to get it signed? He must be an idiot.


I would have told you to take your business elsewhere if you didn't want to put money down, though. Way to much liability on me if you back out.

Seems like for every 1 Phobia there are 2 or 3 of these guys. Sorry, but there isn't a profession with a more earned bad reputation than contractors/construction guys. I'd say every homeowner out there has at least 1 bad experience with them. But, yes, a deposit is pretty standard to those who think otherwise. I had my deck redone this spring, the guy wasn't perfect but I would recommend him bc at least he delivered what he promised in the end. It was touch and go for a while, though, and rife with many of the classic excuses homeowners hear all the time.
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I had a friend here in AZ who got his checkbook stolen out of his car...guy ran around signing checks all over town...and then screwed up by accidentally signing his OWN NAME to one of the checks...police wouldn't do squat.

When I've done work with contractors that needed material and wanted a deposit we always had paperwork to cover ourselves. I should note here that I've never done business on craigslist. A reputable contractor shouldn't ask for money without some kind of paperwork. I might give a repeat contractor an advance, but that would be a situation where you've developed a trust with the guy. I would like to think that in a bigger metropolitan area than I'm in the contractor would be bonded.

Yeah. All that. It's really not all that difficult to figure out if you're working with a scammer or not.

LMAO

I cannot remember the last time I wrote a check.

Probably 7 yrs.

when I was a project controller, we would have various Ts&Cs; like maybe a 20/60/20 plan (or somethin similar).
we would award them 20% of the lump sum to begin work, and as they complete certain milestones. as they work on the next 60%, they would invoice at agreed upon intervals with progress payment releases. the final 20 is witheld until final punchlist items are resolved etc.

granted, that's a lump sum purchase order, not time and materials etc. I worked primarily with cost management in constructing cellular towers/equipment etc. I still use some of the same scope of work, and contract details when I have work done as a CYA for both contractor and customer.

ehem....see OP. :D

:hmmm: I wonder who that could be? :hmmm:

Brown can do is jerking me around too!!!
 

OMG I have the exact same scenario with the guy!. He bid a fence project for me and I gave him a deposit. He hasn't made contact or returned calls for 3wks now. Maybe a combined effort can get some results. I've gone from bothered to pissed since I saw your post...which I found after i googled the guys phone number.

this may be his residence

Wow. Don't work with craigslist contractors. Call 816-665-1208 if you need help on your project.

Or call me if you're fine with giving your money away.

This. Unfortunately most banks don't ever look at the sig but they should have a copy of the check. If they bank honored the check with no sig, you can blame the bank. If the check was honored with a forged name, you should be able to prove it's a false signature and the bank should be able to see the difference.

Yea right family is the worst to pay in advance

That's some shack there. The dude obviously does quality work, you can't even tell where he has added on to the house twice.

Holy crap. I guess we know what Little Bill's house in Unforgiven would have looked like had he lived to finish it. LMAO

Pretty safe assumption that it's not a covenant-controlled community. Turn this thing around and check out the view from his front porch.

http://maps.google.com/maps?sugexp=c...ed=0CC4Q8gEwAA

Sweet, a mobile home with a fireplace added on. I bet that is one of his designs.

yeah that's in unincorporated Jackson county, not many regulations out there.

well, looks like the guy probably doesn't live there. the house foreclosed since that document was filed and has switched owners. look at the price difference: $120k to $25k!!

Sale History

1) Sale Date: 2006-03-23
Recorded Date: 2006-03-30
Type of Sale: AA (Valid Sale)
Grantor: LLOYD RUSTY & JENNIFER
Grantee: BROWN FLOYD C
Sale Price: $120,000.00
Document Number: 2006E0002906

2) Sale Date: 2009-10-20
Recorded Date: 2009-11-16
Type of Sale: NV (Not Valid-Multiple Reasons)
Grantor: BROWN FLOYD C
Grantee: US BANK NA AS TRUSTEE
Sale Price: $66,300.00
Document Number: 2009E0115591

3) Sale Date: 2010-04-16
Recorded Date: 2010-04-22
Type of Sale: NV (Not Valid-Multiple Reasons)
Grantor: US BANK NA AS TRUSTEE
Grantee: MCDONALD WILLIAM J & DOROTHY C TRUST
Sale Price: $25,500.00
Document Number: 2010E0038112

Got it already from the state website as well as a secondary in the same vicinity. He's advertised himself as licensed, but his business was dissolved according to robin carnahan. I'm going on a field trip tomorrow if my call isn't returned.