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SEMINOLE COUNTY • CJ-2025-00026

Elena Biles v. Thomas Agler Jr. d/b/a Agler Construction

Filed: Feb 25, 2025
Type: CJ

What's This Case About?

Let’s be real: how do you take fifty-five thousand dollars from someone to build a house… and then just ghost them like you’re in a bad rom-com? That’s exactly what Elena Biles says Thomas Agler Jr., aka Agler Construction (which appears to be one guy with a truck and a dream), allegedly did. No house. No updates. No refund. Just radio silence and a whole lot of receipts for work that never happened. Welcome to Seminole County, Oklahoma, where the drama isn’t about who stole whose lawnmower — it’s about who stole whose dream home.

Elena Biles is a regular homeowner trying to build something permanent in a world where everything feels temporary. Thomas Agler Jr. is a contractor — or at least, he calls himself one — operating under the bold and legally flimsy business name of Agler Construction, which, based on the address listed (and the typo-riddled paperwork), might just be his PO box and a flip phone. The two entered into what was supposed to be a straightforward agreement: Agler would build Biles an 824-square-foot home for $91,000. Sounds modest, sounds doable, sounds like the American dream on a budget. But somewhere between the handshake and the drywall, things went full Shark Tank pitch gone wrong — only instead of investors walking out, it was the builder walking off… with the money.

According to the petition filed on August 24, 2024, Biles started paying up front — and we mean way up front. On August 27, she handed over $30,000. A month later? Another $15,500. Then $6,600. Then $3,347. That’s $55,447 — nearly two-thirds of the total contract price — paid before a single wall was framed, according to the allegations. The contract supposedly required these payments to be held in trust, meaning Agler wasn’t supposed to treat this like a personal slush fund for truck payments or weekend getaways. He was supposed to use it for materials, labor, permits — you know, building the house. But instead, Biles claims, Agler vanished. No progress. No communication. No construction. Just a growing stack of unpaid invoices and a woman staring at an empty lot where her future was supposed to be.

Now, let’s talk about the paperwork — because oh honey, the paperwork. The “contract” attached to the petition looks less like a legal document and more like something typed during a caffeine crash at a Waffle House. It references a “surveying unit” (which is not a house), lists a Florida address for the defendant (but the case is in Oklahoma — did he forget to update his letterhead?), and includes bizarre line items like “Sofa Chisel made of Concrete & Drill” and “Texas Hedal # K-782760” — which sounds like a rejected WWE wrestler name, not a plumbing fixture. There’s also a line that says “ALL Damages will BE proven Big ‘Home’ Checks” — which, sure, okay, but what does that even mean? Is that a threat? A typo? A cryptic prophecy? And somehow, buried in the chaos, is a claim that all work was “completed in a substantial workmanlike manner” — except, again, no work was done. It’s like getting a receipt that says “Thanks for the $30,000 — your spaceship will arrive Tuesday!” and then checking the tracking number and realizing the company doesn’t exist.

So why are they in court? Because Biles isn’t just mad — she’s legally mobilized. Her lawyer, Jack Mattingly Sr. (yes, Sr., like a judge from a 1970s cop show), has thrown the entire civil litigation playbook at Agler. First up: breach of contract — he took the money, didn’t build the house, game over. Then disgorgement — a fancy legal word that means “give the damn money back.” Then breach of trust, because Agler was supposed to hold those funds like a responsible adult, not a guy blowing cash on air fresheners shaped like dice. Then fraud, which is the nuclear option — basically saying, “You lied to me on purpose, and I want the court to know you’re a con artist.” And finally, unjust enrichment — a.k.a. “You can’t keep getting richer while I get poorer for nothing.”

Biles is asking for $55,147 — that’s the amount she paid, minus a small credit — plus $10,000 in punitive damages (because she wants Agler to feel it), and attorney’s fees. Is $55k a lot? For a 824-square-foot home? Honestly, it’s not outrageous — tiny homes in decent markets can go for that much. But the issue isn’t the price tag — it’s that she got zero square feet for her fifty-five large. That’s like paying for a year of Netflix and getting one episode of Parks and Rec — and even then, it was just the part where Jerry drops his sandwich.

Now, here’s our take: the most absurd part isn’t even the missing house. It’s the audacity of the invoice. The sheer gall of sending a document that says “work was completed in a substantial workmanlike manner” when the only thing built was the lie itself. It’s like a chef handing you a bill that says “Gourmet meal served” while the stove is still cold. And let’s not ignore the red flags: payments demanded before any work, a contractor who can’t spell his own name consistently (“Thomas E Aglee”?), and a business address in Florida for an Oklahoma case. This isn’t just negligence — it’s a masterclass in how not to run a construction business.

Are we rooting for Elena Biles? Absolutely. She’s not asking for a mansion. She’s not even asking for a refund with interest. She’s asking for basic decency — for someone to show up, do the job, or give the money back. In a world where trust is the rarest building material, she deserved better than a contractor who treated her life savings like a participation trophy. And Thomas Agler Jr.? Well, let’s just hope his next business venture doesn’t involve bail bonds — because if this case goes sideways, he might need one.

Remember folks: always get a contract. And if that contract mentions “Texas Hedal” and “Big Home Checks,” maybe — just maybe — run, don’t walk, to the nearest lawyer. We’re entertainers, not lawyers, but even we know that’s not how you build a house. That’s how you build a lawsuit.

Case Overview

$55,147 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$100,000 Monetary
$10,000 Punitive
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Breach of Contract Plaintiff alleges Defendant breached contract by not completing work on home and keeping payments made by Plaintiff.
2 Disgorgement Plaintiff seeks return of payments made to Defendant for work not completed.
3 Breach of Trust Plaintiff alleges Defendant breached trust by converting payments for work not completed.
4 Fraud Plaintiff alleges Defendant's actions were fraudulent and damaged Plaintiff.
5 Unjust Enrichment Plaintiff seeks return of payments made to Defendant for work not completed.

Petition Text

934 words
IN THE DISTRICT COURT OF SEMINOLE COUNTY STATE OF OKLAHOMA ELENA BILES, Plaintiff, v. THOMAS AGLER JR., d/b/a AGLER CONSTRUCTION, Defendant. Case No. CJ-2025-26 PETITION Elena Biles, Plaintiff above named, for her causes of action against Thomas Agler Jr., d/b/a Agler Construction, Defendant above named, alleges: BACKGROUND FACTS 1. Plaintiff and Defendant are both residents of Seminole County, Oklahoma. 2. The parties entered into a written contract for Defendant to build a home for Plaintiff, copy of said contract attached hereto as Ex. "A." 3. Plaintiff made payments to Defendant to be credited on the contract price for the home construction. The payments were as follows: <table> <tr> <th>DATE PAYMENT MADE</th> <th>AMOUNT OF PAYMENT</th> </tr> <tr> <td>August 27, 2024</td> <td>$30,000.00</td> </tr> <tr> <td>September 20, 2024</td> <td>$15,500.00</td> </tr> <tr> <td>October 2, 2024</td> <td>$ 6,600.00</td> </tr> <tr> <td>November 7, 2024</td> <td>$ 3,347.00</td> </tr> <tr> <th>TOTAL</th> <th>$55,447.00</th> </tr> </table> 4. Defendant was to hold the aforementioned sums paid to him in trust and eventually use those funds to purchase materials, goods and pay for labor. 5. Defendant held said funds as a trustee and had a fiduciary duty to Plaintiff to care for said funds and use them properly to discharge his obligation under the aforementioned Contract. 6. Defendant has abandoned the job and refuses to work further while he is keeping all funds paid him by Plaintiff. FIRST CAUSE OF ACTION (Contract) 7. Plaintiff incorporates all the foregoing allegations. 8. What little work Defendant did for Plaintiff was not workmanlike. Defendant has breached his Contract to Plaintiff and has damaged her in a sum in excess of $10,000.00. 9. Defendant should be required to pay Plaintiff's attorneys fees. WHEREFORE, Plaintiff prays the Court for a judgment against Defendant for breach of contract in a sum in excess of $10,000, for costs, fees, and other proper relief. SECOND CAUSE OF ACTION (Disgorgement) 10. Plaintiff incorporates all the forgoing allegations. 11. Defendant has received the aforesaid sums from Plaintiff of $55,447.00. He should be required to disgorge those funds and make repayment to Plaintiff. WHEREFORE, Plaintiff prays judgment of the Court for disgorgement against Defendant in the sum of $55,447.00, for attorney’s fees, costs and other proper relief. THIRD CAUSE OF ACTION (Fraudulent Breach of Trust) 12. Plaintiff incorporates all the forgoing allegations. 13. Defendant is a trustee of funds paid him by Plaintiff. 14. Defendant has breached that trust and is therefore liable to Plaintiff for damages caused by his breach of trust. 15. Plaintiff has been damaged by Defendant in a sum in excess of $10,000.00 because of Defendant's breach of trust. WHEREFORE, Plaintiff prays the Court for judgment against Defendant for breach of trust in a sum in excess of $10,000.00, for attorneys’ fees, costs and other proper relief. FOURTH CAUSE OF ACTION (Fraud) 16. Plaintiff incorporates all the forgoing allegations. 17. Defendant’s activities have been fraudulent. 18. The details of said fraud are set forth above with the payments he received under the guise of using those funds to build a home for Plaintiff while converting those funds to his personal use violating the trust. Said activities by Defendant are fraudulent and have damaged Plaintiff in a sum in excess of $10,000.00. WHEREFORE, Plaintiff prays judgment against Defendant for fraud in a sum of $10,000.00, punitive damages in excess of $10,000.00, for costs, fees and other proper relief. FIFTH CAUSE OF ACTION (Unjust Enrichment) 19. Plaintiff incorporates all foregoing allegations. 20. Defendant has been unjustly enriched at the expense of Plaintiff in a sum in excess of $10,000.00. 21. Defendant should be assessed Plaintiff’s attorney fees and costs. WHEREFORE, Plaintiff prays for judgment against Defendant for unjust enrichment in a sum in excess of $10,000.00, for fees, costs and other proper relief. ATTORNEYS FOR PLAINTIFF THE MATTINGLY LAW FIRM, PLLC By: Jack Mattingly Sr., OBA No. 5790 P.O. Box 70 Seminole, OK 74818-0070 (405) 382-3333 Telephone (405) 382-6303 Facsimile Email: [email protected] AGLER CONSTRUCTION 174 N. MILIT PHILLIPS Seminole, FL 14868 (405) 483-3178 TO: Elena Biles DATE: AUG-24 YOUR WORK ORDER NO.: 824928 OUR BID NO: WORK PERFORMED AT: Thomas E Aglee DESCRIPTION OF WORK PERFORMED 1. AGLER CONSTRUCTION WILL CONSTRUCT a 824 SQFT SURVEYING UNIT. 2. WORK WITH LOCAL CODE ENFORCEMENT LOCAL/STATE 3. COMMUNICATE WITH HOME OWNERS throughout Building Process ALL Damages will BE proven Big "Home" Checks. 4. ALL Blue Prints Beings ( MATERIALS ) & HOME BEEN Checked By AGLER CONSTRUCTION & HOME OWNER 5. AGLER CONSTRUCTION will Provide Zoning HOME Inventories, 6. PAYMENTS AS FOLLOWS 1. $146,500 DAWN PAYMENT 2. $22,750 UPON COMPLETION of STRUCTURE 3. $1,075 UPON COMPLETION of Fixtures & FIRE CO IL 4. $1,375 UPON COMPLETION All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of $91,000.00 Dollars ($__________). This is a ☐ Partial ☒ Full invoice due and payable by: NOW IN SEGMENTS AUG. 26, 2024 in accordance with our ☒ Agreement ☐ Proposal No. 824924 Dated AUG. 26, 2024 AGILE CONSTRUCTION 112 N. MILT PHILLIPS AVE. SEMINOLE, OK 74868 405-683-3178. Contractors Invoice WORK PERFORMED AT: TO: DATE | YOUR WORK ORDER NO. | OUR BID NO. DESCRIPTION OF WORK PERFORMED Windows to be Replaced Base Line to be Set Up Ext Glue Frame Windows North Face Att Main Floor Door to Center of Livable Space Between Bedrooms Sofa Chisel made of Concrete & Drill New Trim Texas Hedal # K-782760 Double Farm Sink 36" Drywall Mirror Rect Ext 24-36" All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work and was completed in a substantial workmanlike manner for the agreed sum of ____________________________________________ Dollars ($___________). This is a ☐Partial ☐Full invoice due and payable by: ______________________ Month ________ Day ________ Year ________ in accordance with our ☐Agreement, ☐Proposal No. ______________ Dated ______________ Month ________ Day ________ Year ________
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.