A Florida contractor took your deposit, did little or nothing, and won't respond. You have real options — and the right demand letter combined with a DBPR complaint often gets results within days. Here's exactly how to do it.
You've been trying to reach your contractor for weeks. The deposit is gone. The work isn't done. The project is sitting unfinished and your patience ran out a long time ago.
Here's the practical playbook for getting your money back from a contractor who has taken payment and not delivered in Florida. This is based on what actually works — including the approach we used to help a Pasco County homeowner recover their full deposit within 48 hours.
First: Verify What You're Working With
Before you do anything else, go to myfloridalicense.com and look up the contractor.
You're checking three things: - Do they have a valid Florida license? - What type of license do they hold? - Is the license currently active?
This determines your strategy. A licensed contractor has something concrete to lose — their license. That's your primary leverage. An unlicensed contractor is a different situation with different tools.
Also check whether the contractor has any prior complaints or disciplinary actions on their license record. Prior violations strengthen your complaint and may signal that the DBPR has already been paying attention to this contractor.
The Demand Letter — Do This First and Do It Right
Before filing anything, send a formal demand letter. A well-drafted demand letter citing specific Florida statutes is often enough to produce a response — particularly from a contractor who knows they're in the wrong.
Your demand letter should be sent via certified mail with return receipt requested. Keep the tracking number and the signed receipt card — these prove delivery.
What the letter must include:
The facts, clearly stated. Contract date, contract amount, amount paid, specific work contracted, specific work not completed or done incorrectly. Dates. Dollar amounts. No emotional language — just facts.
The specific statutory violations. This is where most homeowners fall short. A letter that says "you didn't finish my project and I want my money back" has no teeth. A letter that says "your conduct constitutes abandonment under Florida Statute 489.129(1)(j) and misappropriation of construction funds under Florida Statute 489.129(1)(g)" — that letter lands differently.
Key statutes to cite: - Florida Statute 489.129(1)(j): abandonment of a construction project without just cause - Florida Statute 489.129(1)(g): diversion of funds or property received for the prosecution or completion of a specified construction project - Florida Statute 489.126: contractor deposit limits ($1,000 or 10%, whichever is less, before permits) - Florida Statute 489.127: contracting without a license (if applicable)
The demand. Specifically state what you want: either completion of the contracted work by a specific date or full return of all funds paid by a specific date. Give them 10-14 business days to respond.
The consequences. State clearly that failure to respond will result in: - A complaint filed with the Florida DBPR - Civil action in small claims or county court - A report to the Florida Attorney General's consumer protection office if applicable
Your contact information. Make it easy for them to respond.
The 48-Hour Response — Why It Works
We helped a homeowner draft exactly this kind of letter for a contractor who had taken a significant deposit, done nothing for six months, and wasn't returning calls.
The letter went out certified mail on a Monday. By Wednesday, the contractor called. By Friday, the full deposit had been returned.
Why does this work? Because a licensed contractor knows what's at stake. A DBPR complaint that results in an adverse finding isn't just a fine — it's a mark on their license record, potential suspension, and potential revocation. For someone whose ability to work depends on their Florida license, that's an existential threat. The demand letter makes clear that you know your rights and you're prepared to use them.
Filing the DBPR Complaint
Send the demand letter and file the DBPR complaint at the same time — or file the complaint the day after sending the letter.
File at myfloridalicense.com/DBPR/complaints.
In the complaint: - Be specific and factual — same as the demand letter - Attach all documentation: contract, proof of payment, photographs, communications - Cite the specific statutory violations - Note that you've sent a demand letter and the contractor has not responded
The more complete and organized your complaint, the more seriously it's taken and the faster it moves through the process.
Small Claims Court — The Parallel Track
While the DBPR complaint is processing — which can take months — you can pursue your money through the courts simultaneously.
Florida Small Claims Court handles disputes up to $8,000. County Court handles $8,000-$30,000. Both are designed to be accessible without an attorney.
File in the county where the contractor is located or where the work was performed. The filing fee is modest — typically $75-$200 depending on the amount of the claim.
What to bring: - Your written demand letter and proof of delivery - The contract or agreement - Proof of all payments - All communications with the contractor (texts, emails, voicemails if documented) - Photographs showing the incomplete or deficient work - Any estimates or invoices showing the cost to complete or correct the work
Florida small claims cases are decided relatively quickly — often within 60-90 days of filing.
Credit Card Chargebacks — Don't Overlook This
If you paid any portion of the contractor's fee by credit card, you may have chargeback rights through your card issuer. Most major credit cards allow chargebacks for services not rendered or significantly not as described.
Contact your credit card company and ask about initiating a dispute for services not rendered. You'll need to provide documentation — the contract, proof of payment, and documentation of the contractor's non-performance.
Chargeback timeframes vary by card issuer but are typically 60-120 days from the transaction. Act quickly if this option applies.
When to Get an Attorney
For disputes over $30,000, or for situations involving contractor fraud that affected multiple homeowners, or for situations where the contractor has filed a lien on your property despite not performing, consulting a Florida attorney is appropriate.
Many Florida attorneys who handle contractor disputes work on contingency for significant cases — meaning no upfront legal fees. The attorney's fee comes from the recovery.
Additionally, if a contractor places an improper lien on your property, Florida's lien law provides mechanisms to challenge it — including the possibility of recovering attorney's fees from the contractor if the lien is found to be improper.
The Bottom Line
Getting money back from a bad Florida contractor requires a combination of tools: a well-drafted demand letter citing specific Florida statutes, a DBPR complaint, and if necessary, court proceedings. The demand letter alone — when it demonstrates you know the law and you're prepared to use it — resolves a significant percentage of these disputes without further proceedings.
You're not powerless. Use the tools Florida law gives you.
Questions about your specific situation? We're licensed Florida contractors — not a call center. Book a free 15-minute call and get a straight answer.
Questions About Your Situation?
We're licensed Florida contractors — not a call center.
Book a free 15-minute call and get a straight answer about your specific situation.