Attorney General's News Release

June 7, 2006

Nixon charges Cameron couple with stealing from carpet and flooring customers

Maysville, Mo. — Attorney General Jay Nixon has filed criminal charges against a Cameron couple who allegedly took thousands of dollars in down payments from northwest Missouri residents to install new carpeting or flooring in their homes, and then did not perform the work. Nixon filed charges of felony stealing by deceit today in DeKalb County Circuit Court against North Missouri Rug owners Rick Hamilton (DOB-4/7/58) and Linda Hamilton (DOB-6/4/60).

According to the probable cause statement filed with the charges, three DeKalb County residents paid the Hamiltons a total of $5,450 in down payments to install either new carpeting or linoleum flooring in their homes or businesses in 2004. When the defendants failed to perform the services as promised, each victim demanded a refund of their down payment balance. Despite verbal agreements from the defendants to provide refunds, none of the customers have received their money back to date, Nixon is alleging. Both Rick and Linda Hamilton face three charges of stealing by deceit.

The Attorney General's Office was appointed special prosecutor in the case due to a conflict of interest on the part of the DeKalb County Prosecuting Attorney.

Stealing by deceit is a Class C felony punishable by up to seven years in prison. The charges against the defendants are merely accusations; as in all criminal cases, the defendants are presumed innocent until or unless proven guilty in a court of law.

“Home repair fraud is always one of the most frequent consumer complaints we receive in my office,” said Nixon. “Generally these cases follow the same pattern where the homeowner has to pay either the entire amount or a substantial portion up front and then receives either shoddy work or no work at all. Always remember that there are simple things Missourians can do to avoid problems with contractors doing repair or remodeling in their homes.”

Nixon suggests that homeowners do the following:

• Get all estimates, guarantees and work dates in writing.
• Get a second opinion whenever possible.
• Avoid large payments up front.
• Be suspicious of door-to-door solicitors, especially those offering free inspections.
• Check ID before letting any worker into your home.
• Check the credentials of companies: check their references; verify their number and address in the phone book; check for county or other local permits; check for complaints with the Attorney General or the Better Business Bureau; check for business registration with the Missouri Secretary of State.
• Walk away from offers that are good “now or never.”
• Make payment only when the work meets the terms of your contract.

Consumers who have questions or problems with a particular business can contact the Attorney General's Consumer Protection Hotline by calling 1-800-392-8222 or visiting www.ago.mo.gov.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818