Money Matters
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Anyone gone to small claims court?

I know every state is different, but I'm considering filing a claim against the company who did our sidewalk and porch back in May.

It has been four months and our concrete hasn't been stained (which we've already paid for), they haven't come back to cut some concrete where there wasn't supposed to be any concrete, and the worst item on my list is that when they poured the porch they didn't slope it AWAY from the house and now when it rains the water runs towards our front door and several times has almost come into the house.

I've texted the guy, sent facebook messages and today when I called him on the phone he hung up on me.  I'm just over it.  We paid him $2,200 and he screwed up the job and didn't finish.

I've filed complaints with the BBB and Attorney General's office but I know that chances are slim anything will come from those complaints.  

I know that I have to pay a filing fee (about $150 in my state) and even if I win there is no guarantee that I will see a dime of any settlement that might be awarded.  But if I don't try I KNOW I won't see a dime and I know that the problems won't get fixed.
Formerly AprilH81
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Re: Anyone gone to small claims court?

  • wow you only had to pay 2200 for a concrete porch?  Maybe yours is much smaller than ours and granted ours is stamped concrete but the cost of ours was way more than that.

    As for small claims court I've never tried it but have heard it can be more hassle than it is worth and you can never know if the guy you are trying to get stuff done with will even show up.  I hope you get some resolution in the end but next time you get something done with a contractor don't pay him all of his money until he is 100% done with his job.
  • Unfortunately, assuming you win, it probably won't lead to much.  Collecting can be the harder part.  But a successful judgement can put you in the position to take further steps to collect your judgement, if they don't pay.  You can sell the debt to a collection agency (only pennies on the dollar).  Or you can turn them over but instead of getting money upfront, you wait until the agency has collected something.  Typically you'll get 2/3rds of whatever is collected with that route.

    I think you can even garnish their bank account/tax return, but I don't know for sure that is possible for individuals or what the red tape is.

    You can also have that judgement placed on the business' credit report.  It will show as "unpaid" until they pay it.  You'd probably have to hire a company to do it for you.  They generally charge about a $25 fee to place an item on a credit bureau report.

    Actually going to small claims court is not a big deal.  I've gone once, though it was someone else suing me.  It's generally only a couple hours of time, at most, and the majority of that is just waiting around for your case to be called.

    Personally, I think it is worth the satisfaction and at least being a thorn in someone's side.  And a $25 fee to have the judgement placed on their credit report is a another thorn.

    A story from my real estate investing board.  A landlord took a previous tenant to court for unpaid rent/damages.  Got a $2100 judgement.  Three years go past, the LL doesn't collect a dime.  Then, one day, he gets a check for the full amount.  Turns out, the previous tenant was trying to buy a house...and the bank wouldn't let him close on it with an unpaid judgement on his credit report.

  • Hi. I have never been to small claims court. However, my idea would be to see if you can report him to the Department of Labor in your state. Hopefully, you researched him ahead of time before you let him do your work, and found that he is licensed to do this sort of work. If so, the Department of Labor would have his license on file (hopefully his license is current). There might be a procedure to go through for you to file a report against him that might make it tough (or impossible) for him to renew his license in the future. And/or, the state might have a process to go through to get you your funds.


    Here in MN the Department of Labor is what keeps record of contractors and other people/workers, by field. People can look there to see if they are licensed, if it's current, when it was issued and when it expires.
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