Contractor Swindled $3500 from MIL

[Anonymous]

What recourse do I have?

Quick background- My MIL has Alzheimer's and somehow found a checkbook we had hidden. He convinced her she needed some 'tree work' while no one else was at home and charged her $3500 for cutting a 10 foot dead branch off a tree. It was 5 minutes of work and the branch could be broken into a tiny pile of kindling in another 5 minutes.

He immediately went to the bank and cashed the check.

What can I do?

[Anonymous]

Anonymous wrote:What recourse do I have?

Quick background- My MIL has Alzheimer's and somehow found a checkbook we had hidden. He convinced her she needed some 'tree work' while no one else was at home and charged her $3500 for cutting a 10 foot dead branch off a tree. It was 5 minutes of work and the branch could be broken into a tiny pile of kindling in another 5 minutes.

He immediately went to the bank and cashed the check.

What can I do?

Shameful. Is this an independent "handyman" type or someone who actually owns or works for a established company?

I'm guessing it's the former. Do you have his contact information? Maybe you reach out to him, very calmly, and say that you both know the $3500 charge is unreasonable and you would be willing to settle the matter if he refunds your mother $3000, which you believe is more than generous to him. That will be easiest for all parties. But, if he does not do so, you plan to escalate the matter legally.

(Now as to what escalation means, that depends on the specifics.)

[Anonymous]

Small claims court assuming you have before and after pictures.

[Anonymous]

Anonymous wrote:Small claims court assuming you have before and after pictures.

Before and after pictures wouldn't prove anything. From what OP said, he did perform the work he was contracted to do.

The question is whether or not he took advantage of a person that should not have been in a position to enter a contract. Has your MIL been declared legally incompetent, OP?

[Anonymous]

Tree work is shockingly expensive, though I agree this seems over the top.

Get MIL off her own checking acct. use this as
The wake up call rather than trying to track this guy down. Trust me, there will be plenty more coming.

[Anonymous]

Make a complaint with the Attorney general of her jurisdiction. And BBB review.

[Anonymous]

Anonymous wrote:What recourse do I have?

Quick background- My MIL has Alzheimer's and somehow found a checkbook we had hidden. He convinced her she needed some 'tree work' while no one else was at home and charged her $3500 for cutting a 10 foot dead branch off a tree. It was 5 minutes of work and the branch could be broken into a tiny pile of kindling in another 5 minutes.

He immediately went to the bank and cashed the check.

What can I do?

Is she living by herself?

[Anonymous]

sue small claims court.

people are discusting op don't let him get away with this chit.

[Anonymous]

If he actually has a business license file a complaint with the county, city, or state that issued it. If he is doing business without a license, report it.

[Anonymous]

You need to get POA and on her checking account asap. She will continue to call contractors to do stuff around her house. You need to mitigate that not happening anymore. She’ll also be a target for scam calls. I went through this with my mom. Time to think about assisted living.

[Anonymous]

Call the National Elder Fraud Hotline

https://ovc.ojp.gov/program/stop-elder-fraud/providing-help-restoring-hope

If you or someone you know has been a victim of elder fraud, help is standing by
at the National Elder Fraud Hotline.

833-FRAUD-11 or 833-372-8311
Monday–Friday, 10:00 a.m.–6:00 p.m. eastern time, English/Español/Other languages available

[Anonymous]

I’d can him and demand the money back and ask for the contract. If not, contact the government offices if he’s licensed and small claims court. Sadly you’ll never see it again. Post on social media.

[Anonymous]

Anonymous wrote:You need to get POA and on her checking account asap. She will continue to call contractors to do stuff around her house. You need to mitigate that not happening anymore. She’ll also be a target for scam calls. I went through this with my mom. Time to think about assisted living.

That might not be enough.
I'm a poster that posted a couple months ago about my Dad who was recently scammed out of $31k. *
My brother (who is the sibling that lives closest to my Dad and has been the primary help) was also on my Dad's bank accounts, and could access everything. Unfortunately, that doesn't matter if the elderly person is on the accounts and can write checks, withdraw money, etc.
My Dad was able to go to the bank and withdraw the $31k in cash and the bank did not have to notify my brother or anything. Since then, my brother opened new accounts for my Dad's money and my dad is not allowed access to them. He has a debit card with no more than $1000 in it at any given time.

[Anonymous]

Take the check book, all of them. You can also make the joint account require two signatures.

[Anonymous]

I’m sorry. This happened to my mom (then living alone across the country with what we realized was dementia) but it was 200k in shoddy and unnecessary work (we had to replace half of it a year later). Contractor disappeared and honestly we err too overwhelmed with moving my mom to deal with it but they broke the law. In California you’re supposed to have a witness to any contract signed by someone over 65.