In Reply to message #320468 by elperrito
Journeyman Member bushmaster is not online, or is invisible.
1/21/2011 10:34:12 AM
bushmaster Member #: 34570 Registered: 11/22/2004
Posted: 2030 View all posts by bushmaster
Company: No mas cable Occupation: Paying bills Location: Sunny SW Florida.
Re: How To Get Retainer Back
No, unless you have a judgment or have filed a workman's lien if they can prove it's their property the only call you'll be receiving will be from the local police. Even if you didn't sign for it and they said you took it in today's day and age you are guilty till proved innocent in most states. And with a felony count (grand larceny) on your records your glorious career as an installer will be over.  If you are an employee they can't hold a retainer, and if you are a contractor you damn well should have your own meter.
How anybody get's to call themselves a contractor and not possess the tools of the trade is beyond me.  And if you don't have the physical stature to stand up to who you worked for and get your money, I suggest you start with filing a criminal complaint for theft of services, as any amount over $1000 is grand larceny and if you kept legible copies of all your paper work this will immediately jam them up. Most states afford the right of remedy to a contractor meaning that when they claim shoddy work product they must allow you the opportunity to correct said shoddy work product and they are not allowed to simply not pay you as they must go through legal channels themselves. Following the criminal action then file suit for damages with the criminal arrest and your legible paper work as evidence and enjoin all parties including 3rd party recipients in the suit.
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2/22/2011 7:44:42 AM