Michael Tucker, Desert Woodcraft failure to deliver built-n furniture after taking large deposit; several unfulfilled promises of imminent delivery then failure to return phone calls Palm Springs California

In March 2006, I signed a contract with Michael Tucker of Desert Woodcraft for delivery of two sets of built-in bookshelves and accessories and for two end-tables. He required a 50% deposit, so I gave him a check for $5,000. Terms were 4-6 weeks lead time. He guaranteed delivery of the end-tables by May 10, and would try to have everything else also done by then.

In October, he claimed that everything was ready, but that he was so busy that he could not deliver (nor would he allow me to pick anything up)until the Monday after Thanksgiving. When I started calling him again around Thanksgiving, he first assured me that all would be delivered 'the next day', and then simply stopped taking my calls and would not return my voicemails to either his office number or cell phone (his cell phone number is 760/861-1103).

I finally had to resort to driving to his office/workshop on several occasions, only to find the office door locked during regular business hours (even though at times his car was parked outside and I could hear noises inside). Twice I was actually able to enter through his back door/workshop, where he indeed was. He assured me again that he would start delivering 'tomorrow'.

On the second occasion when I was able to enter through his workshop's back door in early December, I informed him that I had just learned that his contractor's license had been revoked and that I was contemplating contacting the Contractors State Licensing Board; only then did he (briefly) start returning my calls. But each time we talked, he simply provided a new excuse for the delay--his wife was ill, his child was ill, he was ill, his vehicle had broken down, the warehouse where he had left the allegedly finished goods had suffered damage, he was locked out of the warehouse, his delivery people were not available that day, etc etc. Every promise of delivery 'tomorrow' or 'this afternoon' was met with another reason for delay.

I finally wrote to the Contractors State License Board on December 19. After they investigated the case (including talking with Mr Tucker, who acknowledged that he still owed me the goods and would get them to me), I received a letter from the Contractors State License Board on March 12, 2007 advising me that they have now forwarded their report to the District Attorney's Office 'with a recommendation for criminal prosecution'. While I am also considering taking the case to Small Claims Court, I have recently heard that others before me have filed similar charges against Mr Tucker in Small Claims Court, have won the judgment but have yet to be paid anything by Mr. Tucker. I would welcome any suggestions on what productive recourse I may still have available.

David
Palm Springs, California
U.S.A.