Classic Cabinet Fronts LLC John Vivio Contractor took $3,500 but did no work Saint Charles, Missouri

On November 6th, 2010, my husband and I entered into an agreement with Mr. Jon Vivio of Classic Cabinet Fronts LLC for the purchase and installation of kitchen cabinets. We paid Mr. Vivio $3,500 cash down as a one-third deposit for the project. Subsequently, it became very difficult to reach Mr. Vivio by telephone. Months went by but all that we received from Mr. Vivio (when we could talk to him) were vague promises about the status of the kitchen cabinets Mr. Vivio was supposed to have ordered from a company in the northeast. He has never been able to offer any documented proof that the kitchen cabinets were actually ordered. 

Because of his non-performance we cancelled the contract and demanded return of our $3,500 deposit. Mr. Vivio contacted us late in December of 2010 stating that we would not have to hound him for the money. To date (March 23, 2012), he has not returned our cash deposit of $3,500. We filed suit against Mr. Vivio in the St. Charles Missouri County Circuit Court for non-performance and fraud. Our attorney sought not only the $3,500 but also compensatory damages, attorney's fees, and court cost for Mr. Vivio's fraudulent actions. We also discovered from our attorney that he already had $15,000 in legal judgments against him which he has never paid. He has three grievances filed against him on the Better Business Bureau Website.

We won a Default Judgment in the Saint Charles Courts in September of 2011, and have turned over to a Collection Agency the task of trying to collect the $4,700 Mr. Vivio now owes us. They are seeking a Bench Warrant to be issued for Mr. Vivio's arrest since he is in violation of the Default Judgement granted last year. Each day Mr. Vivio does not resolve this matter an additional $1.56 is added to the amount owed since the Court assesses a 9% interest fee on the unpaid balance.