Update! Somewhat hopeful that I might be on to something after giving up.
From my last update, our lawyer did file a lawsuit against the guy seeking the refund of our deposit and damages equal to the amount of the project. As expected, we found out in November that he filed bankruptcy (both personally and for his LLC). Of course, that means my lawsuit is stayed, and if he does discharge his debt via bankruptcy I would be effectively SOL. I decided not to pursue an adversary lawsuit in the bankruptcy proceeding due to the associated costs.
However, I attended the creditor meeting last week and met with the trustee. This douchebag told the court/trustee that he went out of business in March. Minor problem - that’s not accurate. I have text messages and emails where this guy was continuously stringing us along from last October through this September. He told us as late as August that he would be by soon to start construction. He also asked for another deposit at that time.
At this point, the trustee has retained counsel for this case and seems to be considering filing an adversary lawsuit. He’s meeting with my other two neighbors in the same situation later this week, and I am providing him many pages of email and text message evidence. Perhaps the trustee may object to the bankruptcy or even refer him to a prosecutor to file fraud charges.
Even if I don’t get my money back, I’d settle for this guy having his bankruptcy being denied. Hell, maybe they’ll haul him off to jail....I can dream.