Attorney General's News Release

October 26, 1999

Cass County court sentences Lake Winnebago man to five years in prison for home repair fraud

Harrisonville, Mo. — The Cass County Circuit Court yesterday sentenced a Lake Winnebago man to five years in prison on a charge of home repair fraud brought by Attorney General Jay Nixon. Circuit Judge Joseph P. Dandurand imposed the maximum prison sentence on Paul M. Mitchell, who operated M&M Services, a home repair and remodeling business.

Nixon filed the criminal charge of unlawful merchandising practices against Mitchell last March, charging him with taking down payments and then not completing the work, performing shoddy work, and making promises to repair shoddy work but then failing to do so.

In 1998, Nixon obtained a default judgment in a civil case against Mitchell that ordered him to pay $2,800 total in restitution to three consumers who he had defrauded. The restitution amounts ranged from $800 to $1,000. Mitchell also was ordered to pay to the state a civil penalty of $10,000, $6,800 for investigative and legal costs, and $314 to be used for consumer education. He paid none of those.

Nixon said there are several precautions consumers can take to avoid home repair fraud:

• Obtain written estimates from at least three local contractors. Ask for an address and phone number if the workers tell you they are self-employed.
• Get all guarantees in writing. Ask for the names of references and call them.
• Don't pay for the entire job with your down payment. The down payment should be no more than one-third of the total price.
• Should a contractor ask for an advance on supplies, consider writing the check directly to the supplier.
• Call your local Better Business Bureau or the Attorney General's Consumer Protection Hotline at 800-392-8222 to check on complaints or legal action taken against a contractor.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818