[mn] Contractor Stole $75k, Caused $84k Of Incremental Damages, And >$100k Of Other Associated Expenses. Would Like To Understand The Full Scope Of Legal Options Open To Me.
A contractor took $75K payment from me (insurance claim) and failed to complete the repairs he was supposed to. The work he did perform was done to such a poor level that four separate contractors have confirmed it will need to be redone and gone so far as to say they are willing to put that opinion forward to courts.
I am aware of the restitution fund. Currently pursuing a civil lawsuit. Filed a criminal complaint and there are two other people with open criminal & civil complaints against him; still waiting to hear on whether charges will be filed. Filed complaint with DoLI and they have an open investigation including myself and several suppliers that he failed to pay.
Questions:
- What further actions can I take? My attorney is not being as aggressive on the matter as I would like. To be absolutely clear I am in no way looking for any illegal advice but I want to make sure that I am pursuing every recourse available to me since this guy has turned my family's life upside down.
- If criminal charges are filed by the county attorney: does this automatically preclude me from pursuing his insurer? My current understanding is that basically every contractor insurer has a severability clause if they engage in criminal activity. The way I (as a completely non-lawyer person) interpret this is that I would end up having to try and collect from him directly. I strongly doubt he has the resources to make restitution here and, if he ends up in jail, he would have even less ability to do so. Is this a Faustian bargain where I am forced to weigh the justice of him going to jail against my ability to quickly/more assuredly collect the money owed to me from his insurer?
- I am aware of the MN restitution fund that will offer up to $100K for damages resulting from fraud, etc. One of the requirements to get payment from this fund is a judgment against this person. My attorney has emailed the administrators of the fund but not received an answer to the following: if criminal charges are filed and he is found guilty, will that also allow me to collect from this fund or is it limited to civil only? Attorney expressed that he strongly believes they would still be open to paying but, given the amount of money at stake, I am wondering if anyone has specific experience / answer on this.
- Any other advice or thoughts to share? This is the first time I have ever had to sue someone. Unfortunately, I am now involved in several lawsuits all related to this issue. I just want to get back to a semi-normal/usual high level of stress life instead of grinding my teeth to dust every night.
Edit:
I realize there are probably a lot of people in contractor disputes who feel wronged. In this particular situation, two other people have filed civil and criminal complaints along exactly the same lines as I have. Hopefully that helps underscore that this is not just one man's opinion but a pattern of a man thief who has stolen from many people.
Mods, if you need any proof to substantiate I am more than happy to provide it to you but did not want to violate rule 4.
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