What are my rights as a person who hired a company to do landscaping and paid 5000 down payment and they haven’t shown up to do the work in 30 days.

UPDATED: Sep 30, 2022

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What are my rights as a person who hired a company to do landscaping and paid 5000 down payment and they haven’t shown up to do the work in 30 days.

Owner came out to see project. We agreed on details as per fence pavers and
plants and succulents. Pain half up front 4992.50 were to start work in four
days. They never showed up. Answered a few emails, no phone calls, then I
couldn’t reach them at all. I don’t have an address for them. Called to check on
making a fraud charge and was told it was a civil matter, not for law

Asked on February 10, 2017 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF you can locate an address for them, you can sue for the money and possibly for additional compensation as well; you must locate an address, however, because for court to have jurisdication, or power, over a defendant, they must be phsyically served with the summons and complaint. If you can locate them, you can sue for the return of your money based on breach of contract (violating the agreemen to provide services in exchange for payment), fraud (lying about what they could or would do) and theft (stealing your money)--theft is both a criminal offense and a civil tort, or act you may sue over. The "intentional torts," or deliberate wrongful acts, of fraud and theft may allow you to recover enhanced compensation and/or legal fees (if you were to hire an attorney.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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