What would you do?

[tree md]

I have just found out in the past week that someone I worked with last year has been using my business name and credentials without my authorization or knowledge.

I got a call a week ago from someone telling me that this guy was claiming to be my company and had a certificate of my insurance. Said he saw my name on the certificate and thought he would give me a call to check it out. I called my insurance agent and sure enough, this guy went in and convinced my agent that we were partners and he gave him the certificate. After a good tongue lashing I told my agent not to give out anymore certificates unless I authorize it. We worked together last year but my company and insurance has always been in my name as sole proprietor. I used him as a contractor of sorts to do ground work and haul wood. The guy told me he found this guy on craigslist so I checked it out and sure enough, he is posting listings under my company's name, claiming my company's insurance and my BBB credentials. I flagged the post, contacted craigslist and had the ad removed.

Then this morning I get a call from a church administrator in town saying that he had contacted my insurance company after seeing my name on the insurance certificate he was presented by this guy, suspected this guy was a sham and decided to check it out. He wants me to come bid a job at his church this week.

Question: do I have any legal recourse for what this guy is doing? I have not told him I am aware of what he is doing yet because I want it to be a surprise in the event I have to get the authorities or an attorney involved.

What would you do?

 

[scott t]

I would call the cops and ask what can be done. If i am not mistaking i think that's false representation and identity theft. Sorry to hear that happened to you but i would put it to his *** .

 

[af7850]

Yes you certiainly have recourse. Your company name and goodwill are the sole property of your company, and they need to be protected. You should have your attorney draft a "Cease and Desist". Additionally, this guy is committing fraud every time he misrepresents himself, and therefore can be prosecuted criminally. You could also build a compelling case that he has harmed your company's reputation and goodwill, and therefore your ability to do business; you can then sue him in civil court for damages, lost business, lost opportunity, etc.

Something else to check out is how he is being paid. If he is representing himself as your company, how are the checks being written, and if they are being issued to the company name then how is he cashing them? Check fraud is a pretty big no-no.

 

[deer slayer]

I agree w/all the above. As much as I, you and many others would love to give him an ol'fashion butt kickin It puts you (whomever) on the wrong side of the fence. Sorry to hear of the happenings, hope all works out for you. I guess one bright side you haven't been receiving complaints about his/your co work being poor??? Yet!!!!

 

[Rickytree]

what would i do? well get some rope and tie a noose knot then take him for a ride, off the back bumper!! That's what should happen but there's reactions to every action.

 

[treemandan]

I'd make him pay my taxes and hop into bed with his wife, eat all his food, sit in his chair etc


But man, is that wierd or what?

 

[tree md]

LOL Dan, I already turned his sleazy pill head wife down on more than one occasion... Not my style.

What I did do is have his ads removed from craigslist for terms of use violation, then placed my own ad by copying and pasting his original ad (he learned how to advertise from me and it was actually a pretty decent ad) and putting my number and link to my BBB page. Oh, I also added a line that said "Don't risk your home or livelihood to the uninsured ladder crew! Call a pro!" mostly for his viewing pleasure.

Seeing that I got a job to look at tomorrow out of that ad, in addition to the other job I mentioned with the church that he basically brought to me by trying to fraudulently use my insurance, I think I'll thank him for the work after the legal dust settles.

 

[treemandan]

LOL Dan, I already turned his sleazy pill head wife down on more than one occasion... Not my style.

What I did do is have his ads removed from craigslist for terms of use violation, then placed my own ad by copying and pasting his original ad (he learned how to advertise from me and it was actually a pretty decent ad) and putting my number and link to my BBB page. Oh, I also added a line that said "Don't risk your home or livelihood to the uninsured ladder crew! Call a pro!" mostly for his viewing pleasure.

Seeing that I got a job to look at tomorrow out of that ad, in addition to the other job I mentioned with the church that he basically brought to me by trying to fraudulently use my insurance, I think I'll thank him for the work after the legal dust settles.

well, hey, you should not complain but laugh: Got pics of the guy? Anyway, think: What's wrong with a little compettition anyway? What better person to go up against? Yourself?

 

[LTREES]

Have the church call the guy for the est. and show up with a detective. Allow him to introduce himself as you and that would seal the deal. Book em Danno. Criminal court is the way to go, civil court you can only get what he's got. Then again you might get your own rig back. Good luck with this dilemma, hope things work out for you.

LT...

 

[treemandan]

I don't know, I might be worried about what comes next. The guy sounds dumb, desparate and overly pathetic. Keep an eye out, like now, go look out your window , see if he is there.

 

[arbor pro]

I hope you're documenting everything he is doing thoroughly. Anything he puts into print fraudulantly needs to be saved as evidence. Ask your insurance agent to document when he made the request for the insurance form. Call the police today. Get it stopped. He's committing fraud and its costing you money. This guy is facing both civil and criminal prosecution.

Nip it in the bud.

 

[kyle1!]

or Credit Card??

 

[TreeBot]

Man that really sucks. Very sorry to hear that dude. Let me know if there is anything I can do to help you out.

 

[treeclimber101]

hea you know what would be funny! Find a house where no one is living and call the :censored: for a estimate. have one of your friends there and hire him let him cut the tree down and you disappear, or just beat the:censoredut of that piece of:censored: than call the cops . Hey thats just something i would find funny Good luck you know :censored: always floats

 

[scott t]

that would be the **** i would pay to watch that show would call it fakes gone wrong

 

[treeclimber101]

that would be the **** i would pay to watch that show would call it fakes gone wrong

you have nothing to lose theres plenty of houses for sale with some big :censored: trees it would be worth giving him a small deposit hahahah:censored:hole

 

[scott t]

yeah right no money till its done and as soon as he starts leave to never be seen and he can deal with the tresspass and detruction of private property

 

[treeclimber101]

yeah right no money till its done and as soon as he starts leave to never be seen and he can deal with the tresspass and detruction of private property

the more i think i iwould rather spend a couple of days in jail and beat the :censored: out ofhim at the grocery store or somewhere there alot of people that would warm my heart:greenchainsaw:

 

[scott t]

yeah it would be better to just knock in his teeth but funnier to watch him cut a tree and try to explain to the cops that he was told to do by someone he never meet before and does not live there.

 

[windthrown]

#0) Find out the guy's current address, name, phone number, etc. If you have that on file from his being an employee, great.
#1) See a lawyer & start legal action. Fraud, posing as an imposter, & ID theft. Maybe file a claim against your insurance agent as well.
#2) Call the insurance company and advise them that he is using your insurance to get accounts without your knowledge or permission. Call the insurance company regional or main office, not your agent. Also make a complaint to the company about your local agent doing what he did. Insist that they recover the insurance form that he gave the guy. Otherwise the agent will just sweep this under the rug.
#3) Call local authorities (state or city police, Co. sheriff, or whomever has juristdiction) and file a complaint against him.
#4) Get witness' testimony or affidavits of the people that he worked for, and people that he defraduded with your company name. The more the better.
#4a) Short of that, get as many names of people that he worked for and provide them to the local authorities so that they can persue the case.
#5) If you are licensed and he is implying that he is working under your license, or showing people your card with your license on it, supply that to the authorities as well. Then call whomever issues the licenses in your area (county or state) and file a complaint against him with his name and address and all that you know about him. That way if he ever tries to get a license in future, he will likely be denied. If he is in active process of getting a license, or has one of his own, it will be revoked.
6) If it were me, I would also file an ad in the local paper stating that the guy is posing as a fraud, and that he does not represent your company in any way.
7) Change insurance companies. Now. If he damages anything or kills someone, it will be a big mess with everyone pointing the finger.

Its blatant fraud. He left a trail a mile wide. Go for the throat. It is your name and your license, and your insurance he is using.