Legal Question in Criminal Law in Illinois

ok i was a sub contractor for a contractor installing dish.the contractor(she is inc.) held an escrow of 5000 dollars just in case of equip. lost, property damage or backcharges(for "bad work").after 3 mo.s of quiting you get your escrow back(excluding any charges).i contacted contractor after 3mo.s ,to ask about escrow,and she said"due to bad buisness decision ,she does not have my escrow,and didnt know when she would have it".she has about 20 subcontractors under her and spent every ones escrow and didnt tell any of us that she had lost our money on a failed business deal(because you have to quit and wait 3 mo.s to find out).is this a criminal or civil case and what should i do?


Asked on 11/25/11, 9:10 pm

1 Answer from Attorneys
Stephen Messutta

You have very little time to file a mechanic's lien if you have any time at all!!!!! FILE!!!!!! That will notify the contractor and homeowner of the claim. Escrows have evidence of some kind, and this apparently was a lie. You have an immediate right of action against the contractor. This is primarily a civil claim. Hopefully your contract provides for attorney fees and court costs in case of a breach! As to a criminal claim for theft of services by deception there may be one and you may want to try to make a complaint with local law enforcement (or even the feds since this may be an FCC issue), whether or not it is pursued by the State's Attorney or DA is an unknown. However, if you know the name of the satellite service provider you may want to include them in the lien notice or otherwise notify them of this contractor's deceptive practices. Hire an attorney to help because there may be additional or other remedies for you!

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Answered on 11/27/11, 7:17 pm


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