As a homeowner in Texas, I was ripped off by my contractor. I knew him, saw his work, knew people that he had worked for before, he had a clean record, I had a contract. He took the money and did not finish the job. I immediately contacted the Better Business Bureaur. They could not help as he was not a member and they do not get involved in lawsuits or serious dispute matters. They just remove them as members. I contacted the Attorney General\’s office and filed a complaint. They were unable to help since it is a VOLUNTARY Resoulution process. The record stays on file for ONLY 2 YEARS and then removed. I filed a civil lawsuit and after 6 months I got criminal charges against him for \”Misapplication of a Fudiciary Duty\” as there is no other law that applies since Theft has to be proved with \”Intent\” from the beginning. I won my criminal case and then Texas overturned it stating that contractors do not owe a Fudiciary Dity to a homeowner in this State. They owe a duty to subcontractors, but not to a homeowner and they overturned the verdict and let him walk away. After that, he filed bankruptcy to reorganize and it stopped the civil suit from happening. Now he has filed bankrupcty and I get nothing becuase I am not a secured debtor. I can not continue the civil case because as long as the bankruptcy is in force I cannot take him to court. If he completes the bankruptcy, the civil case is dropped as the state says it is not a crime to be indebt in the State of Texas. The newly formed TRCC does not have juriduction of abandonment of a job as they say they want the homeowner to be able to go directly to the court system and not have to be tied up with the red tape of TRCC in this case. Well if TRCC does not regulate the unscruplous contactor and Texas State law does not, then can you tell me who does. The complaint has now been removed from the Attorney General\’s office so how does the public know what type of contractor this person is? If I slander him — well I get sued. In the meantime, I had to cash in my 401K retirement and I have nothing left, my house is not totally finished yet as I am trying to work and do that on the side. Does this sound like it is just TOO BAD for me the victim homeowner. I suppose it does.
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As a homeowner in Texas, I was ripped off by my contractor. I knew him, saw his work, knew people that he had worked for before, he had a clean record, I had a contract. He took the money and did not finish the job. I immediately contacted the Better Business Bureaur. They could not help as he was not a member and they do not get involved in lawsuits or serious dispute matters. They just remove them as members. I contacted the Attorney General\’s office and filed a complaint. They were unable to help since it is a VOLUNTARY Resoulution process. The record stays on file for ONLY 2 YEARS and then removed. I filed a civil lawsuit and after 6 months I got criminal charges against him for \”Misapplication of a Fudiciary Duty\” as there is no other law that applies since Theft has to be proved with \”Intent\” from the beginning. I won my criminal case and then Texas overturned it stating that contractors do not owe a Fudiciary Dity to a homeowner in this State. They owe a duty to subcontractors, but not to a homeowner and they overturned the verdict and let him walk away. After that, he filed bankruptcy to reorganize and it stopped the civil suit from happening. Now he has filed bankrupcty and I get nothing becuase I am not a secured debtor. I can not continue the civil case because as long as the bankruptcy is in force I cannot take him to court. If he completes the bankruptcy, the civil case is dropped as the state says it is not a crime to be indebt in the State of Texas. The newly formed TRCC does not have juriduction of abandonment of a job as they say they want the homeowner to be able to go directly to the court system and not have to be tied up with the red tape of TRCC in this case. Well if TRCC does not regulate the unscruplous contactor and Texas State law does not, then can you tell me who does. The complaint has now been removed from the Attorney General\’s office so how does the public know what type of contractor this person is? If I slander him — well I get sued. In the meantime, I had to cash in my 401K retirement and I have nothing left, my house is not totally finished yet as I am trying to work and do that on the side. Does this sound like it is just TOO BAD for me the victim homeowner. I suppose it does.