Contractor Theft

Contractor Theft




Do not do business with Jon Midgett of Complete Construction.

He took my $4,555 deposit to perform deck work at our property. He never performed a single portion of the work. Then he refused to receive or return any of the phone calls. I have filed suit, and have been awarded a judgement for the full amount by the Dare County court. After judgement, I sent him an email requesting payment. Here was his response:

Sent from Jon Midgett jonmidgett1982@gmail.com Aug. 8, 2014 "as u can tell I could care less about ur judgement as I didn't even waste my time makin an appearance . Don't contact me anymore we have nothing to discuss . I haven't had credit since my divorce and bankruptcy four yrs ago and have nothing in my name so ur beating a dead horse."


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RE: Contractor Theft




WOW.

Call your lawyer again. Not sure about NC law's but in Ohio if you won a judgement against someone you can garnish their wages. In Ohio it is 25% of their income weekly...and will follow them to every job they take until the debt is paid. So unless this guy does nothing but illegal under-the-table stuff it may be worth a try. A little at time is better than none.


RE: Contractor Theft




Advice from someone who had a similar problem in NJ: Go after him for theft charges. NOW…… go to consumer protection or the county prosecutor. Scumbag!








RE: Contractor Theft




Oh I bet he has more in his name than his cavalier attitude would suggest. Might take some doing, but sure would be satisfying for you to get your money back. There was a Jon Midgett i believe who served federal time for fisheries violations, have no clue if this is him, but if so he might be eligible for more jail time for theft and ignoring a court order. Be worth checking his criminal record.



RE: Contractor Theft




Not sure how this could a jailable offense.

But the next step would be to report this to the State Contractor's Board. If he was licensed at the time, there is a contractor's restitution fund that might get you your money. If not licensed, then he likely has committed a civil offense for contracting without a license. What happesns at that point, I am not sure, but I bet he at least would be banned from ever having a license. It might be that he does not much care if his life is a real mess otherwise.

I'll ask around about this guy if I get the chance.


RE: Contractor Theft




Any chance he is related to Midgett Realty? They also have a construction division


RE: Contractor Theft




Any chance he is related to Midgett Realty? They also have a construction division


Maybe somehow related, the family goes way back in Outer Banks history, but don't confuse any scabbard dogs with Tim Midgett's construction business. Tim does excellent work and is a 100% upstanding business man.


RE: Contractor Theft




Not sure how this could a jailable offense.

But the next step would be to report this to the State Contractor's Board. If he was licensed at the time, there is a contractor's restitution fund that might get you your money. If not licensed, then he likely has committed a civil offense for contracting without a license. What happesns at that point, I am not sure, but I bet he at least would be banned from ever having a license. It might be that he does not much care if his life is a real mess otherwise.

I'll ask around about this guy if I get the chance.


i would imagine "theft by deception" would be the charge. normally this kind of situation is a civil issue, but make no mistake about it, if you take a deposit, or money to perform a service or provide a good and you do not come through, it is as good as stealing, and punishable by jail time...


i am on the other end, i install carpet and hope and trust my subs to pay me when i complete the job. fortunely, i have only been stiffed once for 200 bucks for 4 hours of work...he strung me along until he "filed for bankruptcy"


RE: Contractor Theft




Wow what a fraud,
The guy has a profile on Linkedin and his web page he listed is for a different "Complete Construction" in Kansas, while he is listed in VA.
He has committed fraud by false Pretenses under NC law and admitted to the fact in his email. Contact the Dare county Sheriff's office and file a report and ask for him to be charged.


Article 19.
False Pretenses and Cheats.
§ 14-100. Obtaining property by false pretenses.
(a) If any person shall knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or event, obtain or attempt to obtain from any person within this State any money, goods, property, services, chose in action, or other thing of value with intent to cheat or defraud any person of such money, goods, property, services, chose in action or other thing of value, such person shall be guilty of a felony: Provided, that if, on the trial of anyone indicted for such crime, it shall be proved that he obtained the property in such manner as to amount to larceny or embezzlement, the jury shall have submitted to them such other felony proved; and no person tried for such felony shall be liable to be afterwards prosecuted for larceny or embezzlement upon the same facts: Provided, further, that it shall be sufficient in any indictment for obtaining or attempting to obtain any such money, goods, property, services, chose in action, or other thing of value by false pretenses to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person, and without alleging any ownership of the money, goods, property, services, chose in action or other thing of value; and upon the trial of any such indictment, it shall not be necessary to prove either an intent to defraud any particular person or that the person to whom the false pretense was made was the person defrauded, but it shall be sufficient to allege and prove that the party accused made the false pretense charged with an intent to defraud. If the value of the money, goods, property, services, chose in action, or other thing of value is one hundred thousand dollars ($100,000) or more, a violation of this section is a Class C felony. If the value of the money, goods, property, services, chose in action, or other thing of value is less than one hundred thousand dollars ($100,000), a violation of this section is a Class H felony.
(b) Evidence of nonfulfillment of a contract obligation standing alone shall not establish the essential element of intent to defraud.
(c) For purposes of this section, "person" means person, association, consortium, corporation, body politic, partnership, or other group, entity, or organization. (33 Hen. VIII, c. 1, ss. 1, 2; 30 Geo. II, c. 24, s. 1; 1811, c. 814, s. 2, P.R.; R.C., c. 34, s. 67; Code, s. 1025; Rev., s. 3432; C.S., s. 4277; 1975, c. 783; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1997-443, s. 19.25(l).)


RE: Contractor Theft




I'm sorry to hear about your difficulties, and hope you are able to get your money back.

I do not see that the individual you named or his company has a contractor's license in either VA or NC, though I do find NC hard to search since it has multiple license databases.


RE: Contractor Theft




Hard for me to see where you could prove the intent to defraud here, and that is key to the above laws application.


RE: Contractor Theft




Hard for me to see where you could prove the intent to defraud here, and that is key to the above laws application.


Agree. Also if said contractor is not licensed then it is incumbent on the homeowner to discern that fact. And if it turns out that this guy wasnt then the op's $$$ is likely gone forever. This clearly illustrates why homeowners need to deal with companies who don't require substantial deposits. Viable contractors don't need your deposits to buy materials. Performance draws are a much better alternative. Too often homeowners seek out the lowest bid (not saying this op was one) which lead to this type of thing. In most cases it doesn't end well for the homeowner and often leads to more $$$ lost through legal proceedings. I have been in this business over 40 years and I am still amazed that so many people make really bad decisions when it comes to hiring someone to work on their homes.


RE: Contractor Theft




Agree. Also if said contractor is not licensed then it is incumbent on the homeowner to discern that fact. And if it turns out that this guy wasnt then the op's $$$ is likely gone forever. This clearly illustrates why homeowners need to deal with companies who don't require substantial deposits. Viable contractors don't need your deposits to buy materials. Performance draws are a much better alternative. Too often homeowners seek out the lowest bid (not saying this op was one) which lead to this type of thing. In most cases it doesn't end well for the homeowner and often leads to more $$$ lost through legal proceedings. I have been in this business over 40 years and I am still amazed that so many people make really bad decisions when it comes to hiring someone to work on their homes.
The performance draw procedure is good; this is kind of a 'filter'. But some established contractors have been burned the other way, so I can understand them requiring something up front. I would do a deposit in some cases but only with someone I knew or had a good reputation with others. Or buy them myslef. The few bad apples like this clown tars everyone in contracting.

Now if I can only get the $12k owed me from last year from a FORMER friend in the business.... We hired him regularly and always paid him in 2 weeks, well before we got paid. He hires us and stiffs me.... geez.

Well, none of this is solving the OP's problem.


RE: Contractor Theft




Agree. Also if said contractor is not licensed then it is incumbent on the homeowner to discern that fact. And if it turns out that this guy wasnt then the op's $$$ is likely gone forever. This clearly illustrates why homeowners need to deal with companies who don't require substantial deposits. Viable contractors don't need your deposits to buy materials. Performance draws are a much better alternative. Too often homeowners seek out the lowest bid (not saying this op was one) which lead to this type of thing. In most cases it doesn't end well for the homeowner and often leads to more $$$ lost through legal proceedings. I have been in this business over 40 years and I am still amazed that so many people make really bad decisions when it comes to hiring someone to work on their homes.
The performance draw procedure is good; this is kind of a 'filter'. But some established contractors have been burned the other way, so I can understand them requiring something up front. I would do a deposit in some cases but only with someone I knew or had a good reputation with others. Or buy them myslef. The few bad apples like this clown tars everyone in contracting.

Now if I can only get the $12k owed me from last year from a FORMER friend in the business.... We hired him regularly and always paid him in 2 weeks, well before we got paid. He hires us and stiffs me.... geez.

Well, none of this is solving the OP's problem.


There are plenty of guys just like your "former" friend in this industry. Most of them are collecting deposits in order to complete a job they sold weeks ago (and have subsequently spent that deposit). So this guy may have been one of those and in order to get the op's job done, he would need to collect some more deposits from people down the road.
If for any reason that source dries up, then you get essentially a ponzi scheme and a contractor who flees. This jerk however takes the cake with his condesending response to the op. Hopefully the legal system will provide some relief. Personaly, I think the op may be better served to hire someone to track this guy down and give him the 2 knee replacements he deserves.


RE: Contractor Theft




Is that the way it's done in the "Burgh"? Or do they just run up and kick you in the face? smiley with shades


RE: Contractor Theft




Is that the way it's done in the "Burgh"? Or do they just run up and kick you in the face? smiley with shades


Come to the burgh and find out for yourself. smiley Tounge smiley


RE: Contractor Theft




Been there, but haven't done that.
I'm still waiting for your report about your visit to Oden's Dock, Dickie......


RE: Contractor Theft




Been there, but haven't done that.
I'm still waiting for your report about your visit to Oden's Dock, Dickie......


HaHaHa...OK Dickie. You'll be the 2nd one to know.


RE: Contractor Theft




Hard for me to see where you could prove the intent to defraud here, and that is key to the above laws application.

It is proven in Dare county Majistrate court all the time. Case law in NC is if you represent you can do the work and take money for it with no licence that is evidence you did not intend to do the work since you could not do it legally.
If you have a correct contractors licence in NC then do not do the work the burden is to the same standard but there is no assumption you did it fraudulently.
Watch the papers about 6 months after a Nor-easter or hurricane hits and you will see the indictments from contractor fraud come out after the first week of the month when grand jury sits in Dare county, it is scary how many of them occur.
The poster of this thread should of had him charged criminaly then he would be forced by the court to pay as part of his sentace, instead a civil judgement will just sit there and go nowhere.


RE: Contractor Theft




There is no judgement. This is an unhappy customer. You cannot please everyone. I have had outstanding work done by him and his company. He worked with ethic and in the most timely fashion. Business is business. You said he sent you an invoice so why are you upset? He obviously did something for you for you to get an invoice done. Did you ever get your deck replaced by anyone else? Did Jon have to put his time and effort into you for a job that the town would not let you complete? Do you think before you write these posts that you just may be the difficult customer lacking understanding and have a lack of consideration for people's time? Maybe while he was doing things for you (that you didn't want to pay for) he could've been out doing a job that was approved by the town and making money to pay his bills. Instead you are sitting on a computer trashing a human and trying to destroy him. How dare you? And on top of that you are from Virginia and not even a resident of the outer banks but you want to mess with the people here?


RE: Contractor Theft




There is no judgement. This is an unhappy customer. You cannot please everyone. I have had outstanding work done by him and his company. He worked with ethic and in the most timely fashion. Business is business. You said he sent you an invoice so why are you upset? He obviously did something for you for you to get an invoice done. Did you ever get your deck replaced by anyone else? Did Jon have to put his time and effort into you for a job that the town would not let you complete? Do you think before you write these posts that you just may be the difficult customer lacking understanding and have a lack of consideration for people's time? Maybe while he was doing things for you (that you didn't want to pay for) he could've been out doing a job that was approved by the town and making money to pay his bills. Instead you are sitting on a computer trashing a human and trying to destroy him. How dare you? And on top of that you are from Virginia and not even a resident of the outer banks but you want to mess with the people here?



...blahhhhhhhhhhhh...guessing you are the mother of his children..."how dare you"...blalhhhhhhh......


RE: Contractor Theft




Counter productive to bump a yr old post with which you disagree, and now put it in the forefront again


RE: Contractor Theft




There is no judgement. This is an unhappy customer. You cannot please everyone. I have had outstanding work done by him and his company. He worked with ethic and in the most timely fashion. Business is business. You said he sent you an invoice so why are you upset? He obviously did something for you for you to get an invoice done. Did you ever get your deck replaced by anyone else? Did Jon have to put his time and effort into you for a job that the town would not let you complete? Do you think before you write these posts that you just may be the difficult customer lacking understanding and have a lack of consideration for people's time? Maybe while he was doing things for you (that you didn't want to pay for) he could've been out doing a job that was approved by the town and making money to pay his bills. Instead you are sitting on a computer trashing a human and trying to destroy him. How dare you? And on top of that you are from Virginia and not even a resident of the outer banks but you want to mess with the people here?



...blahhhhhhhhhhhh...guessing you are the mother of his children..."how dare you"...blalhhhhhhh......
My first thought also...seems kinda "strange".


RE: Contractor Theft




It's two people, each with 1 post. Screams "ignore me." smiley


RE: Contractor Theft






http://webapps6.doc.state.nc.us/opi/offendersearch.do?method=view

Search Jon Midgett. Birth date is 1982. Arrests in Dare, Currituck & Hyde Counties.

webapps6.doc.state.nc.us/opi/viewoffender.do?method=view&offenderID=0638538&searchLastName=midgett&searchFirstName=jon&listurl=pagelistoffendersearchresults&listpage=1