TAMPA, FLA. (WFLA) — Jim and Susan Niro called Better Call Behnken for help in July, saying their contractor collected a hefty deposit, started work and then stalled, without installing the cabinets and appliances for which they paid.

They hired Miller’s Home Repair and Special Projects LLC in October 2024 and forked over $39,585 of a $46,269 contract. After our report, Miller’s attorney contacted the Niros and offered to facilitate a refund of $33,000 for unfinished work within 30 days.

The Niros say that has not happened. Meanwhile, the Niros also filed a report with the Florida Attorney General’s Seniors Vs. Crime, and on August. 4, a senior investigator sent a letter to Miller.

The letter stated Miller could face three to 10 years in prison and that he needed to pay back the Niros in order to avoid a felony warrant for his arrest.

“It’s not like I want him to go to jail, but he took my money,” Susan Niro said.

The deadline for the refund has been extended to Oct. 3, according to Seniors Vs. Crime.

Earlier this month, after questions from Consumer Investigator Shannon Behnken, Miller sent the Niros a certified letter confirming he will return the money within 30 days, as he receives money back from suppliers.

When 8 On Your Side Consumer Investigator Shannon Behnken reached Miller by phone, he reiterated the same thing, but when Behnken called the cabinet maker and the appliance company, she was told there would be no refund from them because Miller and his company had not paid them for the services.

The cabinet maker Miller’s wife, who is listed in public records as the registered agent for the company, placed the order but the company failed to make payment within the required 10-day period. A grace period was given, according to the cabinet maker; however on the 40th day, after several warnings, the order was canceled.

Miller has referred questions to his attorney, Trevor Mylin of The Matassini Law Firm in Tampa. According to the firm’s website, it handles criminal defense and personal injury cases.

Mylin sent this statement:

“Mr. Miller has engaged our law firm to assist with facilitating the agreed upon repayment of funds to the proper parties involved. We have been making efforts to do just that. We are still fully committed to making sure that all parties in this matter are fairly compensated and our client is fairly represented. We will continue to be communicative with all parties involved to update them on efforts made to resolve this matter.”