Birmingham Lawyer Discusses Legal Options for Homeowner Scammed by Contractor
In Birmingham, Alabama, a legal expert has weighed in on the case of a homeowner being allegedly defrauded by a contractor. Natalie Mapson claims that she paid a sum of $12,000 to contractor Joey Ellis to complete roof work that was never carried out. Now, a local criminal defense lawyer lays out the legal options available in such seemingly hopeless conditions.
Trusting the Wrong Person
For some, trust comes easily and the benefit of the doubt is often given to others. It was no different for Mapson, whose trusting nature led her to a serious financial setback. She believed Ellis would perform the promised roofing work on her property, but unfortunately, he vanished without rendering any service. She now stands to lose a significant amount of money, a situation that has led many to ask if anything could be done from a legal standpoint.
Contractor Fraud: A Thin Line between Civil and Criminal
This precarious junction between civil and criminal justice is where local criminal defense attorney, Tommy Spina, offers some insights.
“There is a contractor fraud theft statute specifically designed for this lady’s problems. There’s also a statute called theft by deception,” he revealed. “The state would have to prove that the contractor specifically intended to defraud that person from the beginning.”
Spina also pointed out another complexity that arises when partial payments have been made. In such cases, the infraction leans more towards a civil issue due to the contract’s nature.
The Tricky Nature of Seeking Justice
Despite the clear injustice, matters get complicated due to the nature of the crime. As it is considered a property crime, it often falls behind more serious crimes in priority. Spina advises victims not to be dissuaded from reporting to law enforcement, however he makes it clear that it’s not always a straightforward case of law enforcement apprehending the perpetrator.
Preventative Measures Should Be Prioritized
In light of this, Spina encourages homeowners to be diligent when vetting contractors. He suggests asking for and checking referrals, scrutinizing track records, and conducting thorough research before making any payment or signing contracts.
“At the end of the day, vet the person you’re asking to do work for you and look into referrals from people you may know. Thoroughly investigate, even if it’s someone familiar such as in this case,” says Spina.
Spina also referenced resources such as the Better Business Bureau, where homeowners can review and verify credentials of prospective contractors. This can provide an additional layer of security and confidence when hiring a contractor to perform work on a homeowner’s property.
