Taking a Contractor to Small Claims Court

Posted on Jul 11, 2018

Taking a Contractor to Small Claims Court

What do you do when a home improvement job doesn’t go as planned?

Sometimes things do not go as planned. Although most contractors do what they have to in order to satisfy their clients, occasionally you may run into a stubborn contractor who refuses to budge. If you have a dispute with a home contractor, small claims court can be beneficial to you. So how exactly can you recover your money from a difficult contractor?

Negotiate First

Disputes with home contractors are not uncommon. Sometimes the wrong materials will be used by the contractor or perhaps they fail to complete the project entirely or properly. If you run into these circumstances, you need to first make an effort to negotiate with the contractor outside of court. Have a conversation about the issue. There may have been a misunderstanding that can be resolved outside of court.

Another option may be to write a letter to the contractor, which may be taken a little more seriously than a verbal complaint – especially if you make mention of “legal rights” in the event that a resolution cannot be worked out.

Taking Your Contractor to Small Claims Court

If the above approaches fail, you may need to move forward in court to get the contractor’s attention. Keep in mind that small claims court often has limited jurisdiction, meaning some judges are limited in the ways they can help you. Some courts have a monetary limit. For example, some small claims courts in the state of Indiana cannot help you if you are suing for an amount over $3,000, while other courts in the state (such as Marion County) will allow as much as a $6,000 settlement.

Small claims courts also only award money damages. That means that the judge cannot order your contractor to fix the problem he created or finish work on your house.

When you are ready to file, contact the clerk of the court to gather and obtain the required paperwork. You will also need documentation to show you were harmed in the business relationship as well as any payments made, work done (including photos), and agreements (whether verbal or written). It typically costs around $50 to file, although there may be additional fees for collection if your contractor loses the case yet fails to pay.

Small claims court is usually a less expensive avenue than civil court when it comes to resolving issues with a home contractor. This may make it a good option for you if your claim total falls below the allotted amount in your area.