My roofer goes crazy请高人指教

I posted my story 碰到这样的骗子怎办？here on 8/1/09(attached below).
Thanks##^^## again for the advise.(attached below)

Then I stared to call him and left massages daily since 8/3/09, still no matter how many massages left, no reply. On 8/5/09 I filed a complain with BBB, 8/6/09 sent a certified letter to him, told him to reply me no late than 4PM 8/10/09 and faxed that certified letter as final notice(His fax just work) on 8/10/09 morning.
He called on 7:20PM 8/10/09 and sound very angry and crazy. He said:”I am Patrick from Apple tree Renovations, I got the letter from BBB and your fax……”
I didn’t hear clearly for the middle part of his speak, cause I was toward to turn off my tv, also he spoken very fast, but I heard last two sentence very clear. He said “You do not call me again. you. Have nice day.” Then he hanged up.
I filed police report the next day. The police said I can go crime or civil.请高人指教which way I should go?

Also I just know someone has hold this roofer’s payment(the person had same situation like me and just got the work done and he is willing to help me), is there any way I can hold this payment? If I go small court, can judge rule this payment to me?

P.S. This roofer has many face, sometimes he is nice and patient, sometimes he plays very sick, sounds he almost die, but most of time he doesn’t sound sick. He probable has heart disease. If he pretend that he is sick at court, 请高人指教 suggestion.

Thanks in advance.


碰到这样的骗子怎办？本人在Atlanta area, 3个月前和一个roofing 公司签了换房顶油毡的合同，并付了$4000+,当时他说因天气无法定修的日期，但会在2-3weeks finish work. 所以合同上没具体日期。这公司在我的subdivision那时已换完了十几家，我左右邻居都是他换的，邻居都说这公司好。签完合同后，见他们又在我的subdivision换了几家，因此感觉正常，就等开工。6月时感到他们速度慢，但也没太催，只是6月中时打了电话，主要和我联系的人说他不在那公司了。让我和owner联系。与owner通话，他说他的人离开了，使他忙不过来，但next week will be me.七月初打电话，owner 说他 got heart attack, but now things are going to be normal, next week will be me. 之后给他电话他不接，留言不回。后发现the address on the contract is a home not an office , this house’s title also is not on his name, his fax number is no fax answer. 现有幸he answers phone, he gives a lot of reason and said you will be next week. I asked him to send me something in writing , he said OK, but he won’t do it. Ask him to give the check back, he finds a lot of reason and says next week will be me.
请高人指教除了打电话还有什办法？
去small court 也拿不到钱。现知为什骗子横行。你要告他还要花更多的钱，而什也拿不回来。

##^^##Once you hand him the money, you will be at the back of the queue. He would work on your job only when he has no
other jobs. He would work the other jobs where the money
depending on FINISH the job. That is why you should never
give small contractor more than the cost of materials for
the job up front and never pay the last installment until
you are happy with the job. In your situation, you have
to keep calling him, 10-20 times a day if you have to
and don't feel bad for him what so ever.
As long as he is not going bankrupt, he will do your
job eventually.