Closure?

I realized today that I never posted my own closure to what happened.  After talking with the lawyer, he wanted a significant portion of fees (I seem to think it was $~2500 to be paid up front for his work.  He advised these fees could be appended to the expenses I paid Mr. Garcia for the work I paid to have done but was abandoned.  He also advised that based on my own discovery that even if I secured a judgment in my favor in civil court (very likely) there is effectively nothing in the law that would compel him to pay.... so ultimately, I would be equally unlikely to ever recover a single dollar.  At this point, I have resolved Mr. Garcia has in fact beaten me and the system.  He knew just enough to know how to evade criminal charges.  For example, consider the picture of the state the project was abandoned:

After calling the police, they said that work on the retaining wall had begun (since he tore it down).  They also said that he had technically 'started to refinish the pool deck as evidenced by the large gray primer spot.'

I argue that painting a 20 sq ft patch of primer is a far cry from starting the work- but legally it is apparently sufficient that the Rockwall police department had no interest in even investigating my claims of criminal theft.

I decided that I can remain embittered toward Mr. Garcia (which I confess I still struggle to forgive a man who has no remorse for his actions and continues to defraud others) *or* I can pray that God would help me find personal forgiveness against him while allowing Him [God] to balance the ledger at the final judgment.

I ultimately completed the painting and privacy wall myself.  I paid a different trustworthy contractor $3200 to complete the retaining wall and had to dispose of all the debris myself.  The gray primer spots and spilled paint remain to this day a reminder of my lack of thorough advance examination of the character and reputation of Mr. Garcia.

Beyond that, I will only occasionally post updates, not out of an obsession with ruining Mr. Garcia but to keep the posts timely so they remain at the top of Google searches that others may be warned before signing a contract with Juan Garcia III dba Garcia Construction Company.

September 2015 Follow Up on Dallas Court Cases

Earlier today, i discovered an email from a person sent July 2015 that told me they too are being scammed by Mr. Garcia... so apparently he is still out and about conning people.  At that point, I realized that I had never posted the follow-up of my own actions (I'll do this in a separate post) or my discoveries of pending court cases in Dallas County court house.

As to the pending court cases, I have learned that the previously referenced case in the Dallas Court house was for the theft of an angle grinder.  He also has a second case that he is pleading guilty to that will be settled in two days for theft of goods>$1500.

For case F-1500488, the complaint is:

For case F-1410975, the complaint is:

In pursuit of justice

So I met with a lawyer today.  I shared much of the information on this website with the lawyer who in turn advised me that based on the information available, he deemed it very unlikely that I would be able to successfully collect from Mr. Garcia.  His advice to me was to file a suit in small claims court and receive a judgment.  Once I have a judgment in hand, we can explore what legal avenues exist to reclaim the defrauded money.

With that said, in preparations for filing a suit, I was investigating if he had a legal assumed name with Dallas county so I knew whether to file against him personally or against his business.  I discovered two additional civil judgments with liens against his personal property.  I have attached both of those records below as well.

So what lessons did I learn

   So I paid $5,800 for my education, but you can get it for free here by just reading the advice below:

• Soliciting multiple bids can often produce the best prices for work, but you also increase your chances of being contacted by scam artists.
• When receiving a contract, ensure the contract specifies dates.  My contract said what he would do and how much I would be charged for those services and when those fees would be paid, but because it did not specify dates, I have an uphill fight to prove abandonment.
• Make allowances in the contract for weather if necessary, but keep it constrained.
• Your contract should also include details like permits, what happens for unexpected costs (e.g. rotted wood that was not visible), order of work, etc.
• Your contract should stipulate a right to inspect/approve the final work product.  If you can work it, you might even try to reserve the right to have the work inspected by a third party and give the contractor the ability to correct items done poorly/wrong or face a financial penalty.
• Mine was a large contract with multiple items (retaining wall, privacy wall, painting house, repairing/refinishing pool deck, finishing patio to match pool deck, repairing damaged woodwork).  Part of my problems occurred because I allowed work to begin on every single project without seeing any completed.  Hindsight being 20/20, I wish I had built milestones into the contract and paid a portion at the completion of each milestone.
• Do NOT pay large amounts up front.  I’ve heard 10% down payment is a limit, but I might even go 20%... but my greatest regret is I gave ~%70 up front.  L  If the contractor won’t begin work without significant down payment, proceed with GREAT caution.  Also be open to other possibilities (like escrow companies).  There are some that provide escrow services for 2%~5%.
• Verify the business is listed with the BBB.  They don’t necessarily need to be BBB approved/registered- that’s another story, but the BBB should have some record of their history as a company.
• Don’t fall for ‘quick incentives’.  For example, part of the hook that got me was “My crews just finished a job today and I don’t have another one lined up.  I’ll give you a 10% discount on the total job if they can start tomorrow.”   Incentives are okay, but in this case I accepted the incentive and abandoned my ability to perform a thorough background check.
• Do a THOROUGH internet search.  I did a one or two google searches initially with no red flags.  However, since problems started to develop, I performed deeper searches.  When I started Googling his phone number, business address, his name, home address, etc., things started to appear- things that had I known in advance, I *NEVER* would have accepted this contract.
• Get a picture of the contractors official ID (Drivers license is best) if they will allow.  This is the one thing I did right and has given me the most valid data to start my internet searches.
• Stick to the original plan as defined in the contract.  Do not let scope creep enter in.  If you find yourself in a position that you must expand the initial agreement, spin it as a separate contract with its own terms and conditions.
• Ask for copies of all receipts for materials- if necessary, build it into the contract.  I didn’t do this so now a certain amount of materials was delivered to my house but I have no real idea the value/quantity of what was left.
• Take pictures of EVERYTHING before work begins so you can show the beginning state compared to the completed state.

Exchange of communications

Following is the full history of text messages/communication exchanges.  The way to interpret the log is items marked with a "->" are where I initiated the communication.  Items marked with "<-" are his responses to me.

Monday: June 9th

•   Contract signed.  
•   Check for $3800 given
•   He said he would begin work Tuesday between 7:30AM and 8:00
•   Per voicemail message, said stone would be delivered Wednesday morning.  Sand and cement scheduled to be delivered Tuesday afternoon.

Tuesday: June 10th : No adverse weather noted

•   7:55AM -> I need to take off for work.  Are you almost here?
•      He arrived at the house within moments.  
•      They started to remove the retaining wall around the pool.  Also started to prep the house for painting.
•   4:53 -> PHONE CALL (4 min, 55 sec).  I forget the content of the conversation right now.

Wednesday:  June 11th : No adverse weather noted locally

•    Supposed rains at rock yard prevented trucks for getting stone.  Attempting to setup delivery for Thursday instead.
•    Started to paint house and detached garage.
•    Moved excavated dirt to spot below swing set.
•    Brick privacy wall torn down.
•    He informed that his father had heart attack and died.  Promised to finish job Thursday.
•    4:18PM <- UNANSWERED PHONE CALL 

Thursday: June 12th: Thunderstorms and rain in area

•   ~8:00AM : Sand, concrete and rock delivered.  I provided a second check for $2000.
•             Assured me job would be finished today.  Said he had another job in Waxahachie and he needed to move his crew.
•             Said he was going to issue paychecks on Friday and go to Laredo for father's funeral.
•   10:22AM -> Everything okay?  Your crew is gone.
•   10:24AM <- PHONE CALL (He advised they were at home depot.)
•   11:22AM <- Sir got up pool product in us garagage mom just had a massive heart attack will call u ASAP on long distance call
•   11:49AM -> no problem take of your family!
•   11:49AM -> sorry for the typo.  take care of your family!
•   11:50AM -> thanks for the communication!!! I'll be praying for her.
•   12:02PM <- Tks
•    5:33PM -> how is your mom?
•    6:18PM <- Little better stable now
•    6:49PM -> Very good.  When you are able, please give me an idea of where we go from here.. but take care for family first.
•    6:55PM <- Thank you sir my will be their Saturday by 8:00am to complete ur job sir thank you so very much
•    7:13PM -> Thanks.  I will keep your family in my prayers and see your crew on Saturday.
•    7:15PM <- Thank you for your business and concerns really appreciate it a lot may God bless you and your family sincerely jr

Friday: June 13th: No adverse weather

•   5:35PM -> I'm trying to plan my weekend right now... do you have an idea what time you will be here?
•   5:36PM -> not you I mean your crew
•   5:37PM <- PHONE CALL (1 min 31 seconds).  Sounded very distraught.  Said he could not emotionally stand to bury both his parents at the same time.  Said he was not going to the funeral but that he wanted to stay and finish the job instead.

Saturday June 14th: No adverse weather

•   9:32AM -> "Is your crew still coming today"
•   9:54AM -> UNANSWERED PHONE CALL (47 seconds)
•   10:14AM -> UNANSWERED PHONE CALL (59 seconds)
•   11:07AM -> UNANSWERED PHONE CALL (43 seconds)
•   11:09AM -> "Looks like today is not happening.  I hope you decided to go to Laredo for the funeral.  Do you have a new plan to finish my house?"
•   11:28AM <- Very sorry.  this is Jr wife my husband is in Baylor hospital since last night he had a massive heart attack he is doing well now he had surgery last night almost didn't make it but he is stable now it's cause of the death of his father Thursday then his mom passed Friday please under stand husband will call u when he gets out of intensive care thank you Mrs. zita.f.garcia
•     NOTE: She txted a picture of him lying in a hospital bed.
•   12:27 -> I am so sorry.  I know he was know feeling well when i talked to him last night.  I will continue praying.
•   12:31PM : CALLED BAYLOR.  THEY HAD NO PATIENT NAMED JUAN or JR GARCIA (or III)
•   12:37PM <- Thank you really hope u understand he will finish ur work my husband is very good at doing what he says
•   1:32PM -> No problem.  Let me also make an offer... I am certain he is under a lot of stress right now and I believe he had bigger jobs than mine lined up.  If it would be easier on your family, he could return money for an agreed amount instead.  To be clear, I'm not asking for this just trying to give your options when you may not have a lot... but I need work here completed no later than the 24th.
•   2:29 <- My husband said they will be done Monday for sure
•   2:51PM -> Just make sure you take care of family first.
•   2:54PM <- Thank u
•   3:24 <- UNANSWERED PHONE CALL 

Sunday June 15th: No adverse weather

•   3:56PM : TRIED BAYLOR AGAIN.  STILL NO PATIENT NAMED JUAN OR JR GARCIA (or III).
•   4:03PM -> I tried to send flowers but the hospital couldn't locate him in the registry.  Is he able to receive flowers?
•   5:37PM -> UNANSWERED PHONE CALL 
•   5:43PM <- We are here at the hospital waiting for him to get releases u will have a crew out their tomorrow morning
•   5:45PM -> I was trying to find out where I could send flowers but if you are getting released out may be too late.
•   5:46PM <- He was transferred to Parkland hospital sorry for any inconvenience
•   7:47PM : CALLED PARKLAND HOSPITAL. NO RECORD OF JUAN *or* JR GARCIA (or III).
• Monday, June 16th: No adverse weather
•   8:52AM -> My wife says the crew is not there yet.  What time are they going to start?
•   9:04AM <- Sir this is Jr I got home last night at 2:4G am crew was not notified I will be their with them at 7:00am tomorrow and we will finish u 100%tomorrow morning ok thank you
•   9:08AM -> Thank you.  I hope I am showing compassion in your exceedingly difficult situation, but this is now the 4th date you've given me.  It is now creating difficulty in my own home.
•   9:09AM <- PHONE CALL (1 min 14 sec).  Called to assure job would be completed on Tuesday.
•   4:55PM -> It's been a long day for me and I suspect the same for you... are you still on track to come tomorrow at 7:00?
•   5:37PM <- Yes sir

Tuesday, June 17th: No adverse weather

•   7:20AM -> You still coming today?
•   7:29AM -> PHONE CALL (38 seconds).  He answered said he was 12 minutes away.
•   8:13AM -> UNANSWERED PHONE CALL
•   8:31AM -> UNANSWERED PHONE CALL  
•   8:32AM -> It's been an hour since you said you'd be here in 12 minutes.  Problems?
•   8:44AM -> UNANSWERED PHONE CALL
•   9:00AM -> UNANSWERED PHONE CALL
•   9:36AM -> I need an update please.  What's going on.
•  10:51AM -> UNANSWERED PHONE CALL
•  11:32AM -> PHONE CALL FROM WORK PHONE - He answered and said he was at U-haul trying to get a trailer.  Hung up before I could talk to him.
•   2:46PM -> UNANSWERED PHONE CALL
•   4:00PM -> UNANSWERED PHONE CALL
•   7:21PM -> UNANSWERED PHONE CALL

Wednesday, June 18th: No adverse weather

• 7:17AM -> Are you coming today?
• 5:26PM <- Hello sir just got a hold of my Mason crew they have been very busy finishing a house and won't be able to make it to u r retaining wall till Saturday if they don't make it their I can reemburse u 500.00 plus 700 u still owe is well enough for us wall and stain let's wait till Saturday or the Jr

Thursday, June 19th: No adverse weather

•   11:56AM -> Please do.  This has gone too long now.
•   12:43AM <- Yes sir.

Friday, June 20th: No adverse weather

•   5:02PM -> are we still on track for tomorrow?
•   5:03 <- Yes

Saturday, June 21st: No adverse weather

•   8:07AM -> What time will your crew get here?
•   8:44AM -> Does this mean you are not coming today?
•   9:00AM -> UNANSWERED PHONE CALL
•   9:06AM <- They have orders to go today
•   9:19AM -> If your crew can't make it, why don't you just come by and let's just settle up.
•   9:28AM <- If they don't show up today we will settle on Monday at noon at u r home or tk
•   9:29AM -> I'm not going to be home Monday.
•   9:30AM <- Then Tuesday
•   9:31AM -> How about today or tomorrow?
•   9:31AM <- I'm in Tyler till Monday sir working
•   9:32AM -> I'm working every day next week.
•   9:34AM -> Then I'll break it down and send it throw mail Monday noon and text u the amount
•   9:37AM -> PHONE CALL.  I explained I needed the work completed and was more interested in getting the work completed today than money back next week.  I also expressed concerns that painting was not completed and I did not receive epoxy materials for the patio.  He claimed he put them in the garage.  I said I did not see the materials but would check again.
•   9:46AM -> Not sure what to say about the epoxy.  It's not in the garage.
•  11:17AM -> So we are still on the same page, they still aren't here.
•   2:41PM -> UNASWERED PHONE CALL
•   2:43PM -> I understand you are in Tyler so you can't do anything more than call them, but it is 2:43 and they never came today.
•   3:02PM <- Okay sir I can do it Monday around 12:00pm or we can return u some money
•   3:40PM -> I'd rather you finish the job...buy here's the thing.  You have more given and missed 5 dates that you said you would be finished by.  Every time you give me a date, you miss it.
•   3:42PM <- I will be there 100%sure please trust me this time please
•   9:17PM -> I need you to make this right.  The best ending (and my desire) would be for you to finish the job Monday.  I just don't see how that can happen.  Can it be done?

Sunday, June 22nd

•   1:02PM -> So what should I expect tomorrow?  You going to try and bring a Crew to finish?
•   5:22PM -> After this rain, the dirt is starting to collapse without a wall to hold it up.
•   5:49PM <- We will dig it out sir don't wory

Monday, June 23rd 

•   11:14AM -> UNASWERED PHONE CALL
•   12:00PM -> Are you still going to make it by today?  Bringing a crew?  do you have an expected finish date?
•    2:19PM -> UNASWERED PHONE CALL
•    2:32PM -> I just talked to my wife.  She says no one is at the house working.  You said 100% sure you would be there.
•    4:30PM <- Sir just arriving with trailer trash and all from Tyler sorry didn't have battery rain held us back sorry sir
•    7:46PM -> What's the new plan to finish?

Tuesday, June 24th

•   6:53AM -> Good morning.  Do you have a new plan to finish?
•   9:17AM -> UNANSWERED PHONE CALL
•  11:47AM -> He.  What's happening sir?  Any progress on my house?
•  11:59AM <- Be their at 7:00am
•  12:00PM -> Wednesday?
•  12:00PM <- [He texted pictures of a ceiling collapsed]  This is how my house is with all the rain

Wednesday, June 25th

•   7:34AM -> I stayed until 7:30.  You never came.  do you plan to finish the job?
•  11:39AM <- Sir come on its pouring rain r u serious
•  11:44AM -> Not sure where you are, but it is not raining in Allen.  It wasn't raining in Rockwall this morning, and radar doesn't show rain.
•  11:49AM <- Dallas was pouring an does quote it just started to stop raining sir
•  11:51AM -> Fine enough.  What's the new plan then?
•  12:57PM -> Let's do this because I am sure you have bigger jobs than mine.  What is a fair refund in your mind?

Thursday, June 26th

•   7:43AM -> What is a fair refund?
•  8:13AM <- U tell me
• NOTE: I didn't answer the previous text because I had sent a certified letter answering this.

Monday, June 30th

• 7:00AM -> Did you send my refund yet?
• 4:47PM -> I need a refund before this ends badly
• 4:48PM -> Correction.  I need a refund SO this doesn't end badly
• 5:19PM <- Excuse me ur asking for the refund I need to go to the office and see what should be reemberssed if any I have attorneys also sir so please no treats ts I'll be back with u in the next 7 days due to 4 of July holidays
• 5:25PM -> By my math, I calculate $4000 refund to be fair
• 6:08PM <- Hahaha come on are u serious what about the stone and painting sirrr
• 6:26PM -> It's all in my letter.  You can give it to your lawyers.
• 6:28PM -> In fact, give me their name/address and I'll deliver it myself.
• 6:38PM <- 4000 r u really serious u adding r wrong

Tuesday, July 1st

• 8:29AM -> Perhaps somethng is added wrong then.  But painting is not finished nor was it prepared well and I have overspray on bricks, patios and my pool heater.  Wall was torn down but not started to be rebuilt.  Nothing was done on pool deck or patio.  Hole in ceiling was left alone.  Debris from privacy wall was left.  Three different stone masons have looked at the project since you left and said stone is not right kind nor enough to do the squares and rectangles.  Those are my reasons.  To say you deserve $1800 for your time here is hard to defend.
• 7:36PM <- I can return you 1,800 cashiers check if not we can discuss this in court.

Wednesday, July 2nd

• 8:28AM -> Okay

How I met Juan Garcia and how things unfolded

So here's the story as to how I came to have my unfortunate encounter, 

On June 9th, I placed a Craigslist add soliciting bids from stone masons to repair a stone wall.  Juan Garcia III is one of the contractors that responded that same day and asked to make a bid.  Upon arriving, he took various measurements and provided a bid that was neither the lowest nor the highest bid.  He also shared that his crews were not busy and he could begin work the following day.  During the course of conversation (prior to signing the initial contract), we agreed he would also repair the entire retaining wall (not simply the part that was failing, repair the pool deck by removing the old Kooldeck and recovering with epoxy, and painting the wood surfaces of the house/detached garage.  The original bid was for $5300- $3800 to be paid up front and $1500 due upon completion.

So on Monday June 9th, I provided a check for $3800 which he cashed the same day to provide for materials and cover the cost of labor for his crew.  He agreed to have his crew start the next morning between 7:30AM and 8:00AM.   The next day (Tuesday June 10th), his crew arrived at 7:55AM and began tearing down the old retaining wall.  They also performed a limited amount of initial scraping.  The crew left sometime in the early afternoon and said they would return the following day.

I have already forgotten what time they arrived on Wednesday, June 11th the crew arrived at a reasonable time and started to paint the house with the power sprayer.  During the course of the day, I discussed expanding the project with Mr. Garcia- at this point, I still was not aware of his charade.  We agreed he would also paint the upper patio, tear down a brick privacy wall at the corner of the house, repair cracks in the brick and also replace some damaged wood discovered while they were painting.  The costs of these changes amounted to $700 additional.  Mr. Garcia said that with the change, he needed additional money to cover the extra labor and supplies.  I explained I was not providing any additional money until I had the stone and masonry supplies delivered- especially since they were supposed to be there that same day.  We agreed the supplies would be delivered on Thursday morning and I would provide an additional $2000 upon delivery with $700 to be given when all work was completed.  No notable work was done on the retaining wall this day.

The following morning (Thursday, June 12th), the crew arrived early (about 7:00AM) and started touching up the paint around the exterior.  A dump truck arrived at 8:00AM and delivered a load of sand and stone. I greeted him and he explained that he was distraught because his father had died during the night.  He said he needed the money immediately so he could go to Waxahachie to bid on a job and he was leaving his crew to complete the work.  I advised he was free to take care of personal issues and he assured me it would be completed that day.  At 10:22AM, I noticed it was very quiet outside.  I went outside and the crew and equipment was gone.  This was the last time I saw Mr. Garcia or any of his crew.

A history of criminal offenses

The more I dig, the more I discover.  While I have not been able to perform an exhaustive search of civil cases in the area, and my searching of criminal cases is limited, I did find the following information:

COLLIN COUNTY
He has an active warrant for his arrest in Collin county for violating terms of his probation.

The original charge that led to probation in addition to two other charges for check fraud are shown below: 

I also found the following information out of Collin County through mugshots.com:

WILLIAMSON COUNTY
Includes records from other counties- some duplicated

HUNT COUNTY

DALLAS COUNTY

Additionally, he has a recent arrest in Dallas county that is still waiting to go to trial.