Ask questions and get answers from experienced industry professionals
Best answered by an attorney in your state. In Virginia, we have a very simple legal filing called a "warrant in debt" which demands collection of such debts. The process varies by state; hopefully there is a simple means to make your claim in Georgia, as the legal fees for filing and pursuing a full-blown lawsuit would likely well exceed the amount due back to you.
You may also consider filing a formal complaint with the professional licensure board. In Georgia, that is a division of the Secretary of State. See:
Misapplication of construction funds is a serious offense. You will have to determine with your attorney whether you wish to pursue.
Georgia has a criminal statute, O.C.G.A. §16-8-15, titled: Conversion of payments for real property improvements. This statute provides a criminal cause of action if:
Any contractor, sub, or other person who with intent to defraud shall use the proceeds of any payment made to him on account of improving certain real property for any other purpose than to pay for labor or services performed on or materials furnished by his order for this specific improvement while any amount for which he may be or become liable for such labor, services, or materials remains unpaid commits a felony.
Are you a building professional?
Why not answer these questions like a pro?Sign up free