Attorney General's News Release

November 23, 2005

Judge grants restraining order against Iron County construction business Nixon is suing for consumer fraud

Farmington, Mo. — A St. Francois County judge on Tuesday (Nov. 22) issued a temporary restraining order prohibiting an Annapolis couple and their business from taking money in advance for construction projects. The couple, Mike and Sherry Mullery, already were facing a lawsuit filed by Attorney General Jay Nixon last March for allegedly taking nearly $25,000 in deposits from several Leadbelt-area residents for home improvement work that was never done.

Nixon requested the temporary restraining order against the Mullerys from Associate Circuit Judge Thomas L. Ray this week after two consumers complained they had paid the couple a total of $4,000 this summer as down payment for work that was never started. Nixon said the consumers tried numerous times to contact the Mullerys without success. The couple does business under the name Mike Mullery's Construction, Mullery's and Mullery's Home Improvement.

The temporary restraining order issued by Judge Ray requires the defendants to provide a completion date in their contracts, as well as include a provision that allows the consumers to cancel their contracts if the work is not completed by the date specified in the contract. The order also requires the Mullerys to provide the Attorney General's Office with a detailed list of all projects they have contracted for and a copy of those contracts. They also are prohibited from making misrepresentations to consumers.

The restraining order will remain in effect until further notice from the court. A trial on Nixon's original lawsuit against the Mullerys is set for Jan. 13 in Farmington. Nixon is asking the court to order the defendants to pay full restitution to the consumers who were defrauded, as well as penalties to the state.

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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).

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