McGraw files complaint against Kanawha landscaper

By Kyla Asbury | Apr 22, 2010


CHARLESTON -- West Virginia Attorney General Darrell McGraw filed a lawsuit against All 4 U Landscaping and its owner following multiple complaints that the company was not completing contracted jobs.

McGraw's lawsuit follows a subpoena issued to All 4 U Landscaping and its owner, Tim Thomas, over the incomplete jobs. After Thomas and All 4 U failed to respond, McGraw initiated the lawsuit to enforce the subpoena.

McGraw's office began receiving complaints against the landscaping company in June that consumers had paid for landscaping services, but Thomas failed to perform the work, according to a complaint filed April 19 in Kanawha Circuit Court.

Complaints began in June 2009, when McGraw received a complaint that a woman paid Thomas $695 to remove old fencing, install a new one and various other jobs, but that Thomas failed to complete the jobs, according to the suit.

In July, the attorney general received more complaints from three separate consumers who claimed they paid Thomas $1,850, $1,000 and $2,000, respectively, for home improvement services that were not completed.

On Sept. 28, McGraw issued an investigative subpoena, commanding Thomas and All 4 U to produce documents and information pertaining to its business practices to him before Oct. 30, but Thomas failed to produce any documents, according to the suit.

McGraw is seeking for the Court to enter orders compelling Thomas to produce all documents requested by the subpoena, reimburse the four consumers a total of $5,545 and prohibit the respondents from engaging in home improvement services until it fully complies with the subpoena and verifies it has taken the necessary steps to comply with the WVCCPA.

The case has been assigned to Circuit Judge Louis Bloom.

"This is the time of year when homeowners begin to make improvements to their homes," McGraw said in a press release. "You have to be careful when hiring someone to make the improvements. Be sure to check with the Contractor Licensing Board, ask for referrals and don't pay for the entire job up front."

Kanawha Circuit Court case number: 10-MISC-176

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