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...
Read More5 Tips for Success as a Plaintiff in Small Claims Court
Improve your odds for success in virtually any court case! Small claims court — no lawyers, juries, or complex legal standards — is designed for simplicity. Nonetheless, it can be quite stressful for plaintiffs who are anxious to be paid money that they are rightfully owed. Below, you will find five highly effective tips that should help to simplify the process: 1. Show the Defendant You Mean Business. Filing a small claims case allows you to avoid many expenses associated with civil court. Although bypassing the hassle and cost of court all together is clearly a superior option. Many times, communicating with the client clearly and firmly is enough to pressure them into making the payment that they owe you. Sending a well-written demand letter is an excellent way of achieving this. 2. Know the Monetary Limits for Small Claims. If taking the case to court is unavoidable, then understanding the rules of small claims is crucial. These guidelines can help you determine whether your case does indeed belong in small claims and not a superior court. 3. Take Company Record Keeping Seriously. Often, defendants claim that your services were not rendered as agreed upon beforehand. To better prevent this being a valid argument, keep meticulous company records– even a photographic record of your finished work, when possible. 4. Identify Potential Witnesses. Anyone who may be able to testify on your behalf should be issued a subpoena in order to ensure that they appear in court. Remember that witnesses must be relevant to the case in question. However, your brother coming in to say that you are an honest person won’t help much; a former employee who helped you renovate the defendant’s kitchen probably will. 5. Practice Proper Courtroom Etiquette. Keep a general air of seriousness, dress well, speak formally, don’t interrupt anyone, refer to relevant parties with their last name, and refer to the judge as “your honor.” This article from South University offers a more in-depth guide to court etiquette, for those...
Read MoreIs Taking Your Car Accident Case to Small Claims Court Right For You?
Small claims court may be the best way to solve your car accident claim. Small claims court is an alternative dispute resolution for many small claims matters, including car accidents. If an insurance company fails to offer what you think is a fair settlement, small claims court may be a viable option for you as long as the amount you wish to recover is within your state’s dollar limit of small claims court. Is it hard to file a case in small claims court? It is not difficult at all to file a small claims court case. You typically need to fill in a form from the Court Clerk (you may be able to obtain it online as well) and pay a small filing fee. If you win the case, the other driver may be required to pay the fee back. After that, you need to have court papers delivered to the person you are filing against by service of process. You can even hire a local constable or sheriff to do the service for you for a fee. How to Win Every car accident case addresses two things: liability (who caused the accident) and damages (what damages occurred as a result of the accident). To win a case you must prove liability and damages you have incurred. If you are able to prove a liability to the court but are unable to provide proof of damages, you will not be awarded anything. It is imperative that you have evidence prepared to prove both damages and liability. You will need to testify and may be asked to call other people as witnesses if you know of anyone who saw the accident. If no other witnesses were present, you will need to be ready to show your version of how the accident happened, explaining in as much detail as possible. You will need to include parts of the vehicle which were damaged, where the impact occurred on the roadway and so on. If you have photographs, these will be helpful to your case. What happens if you win? Should you win, the other driver will have to pay the judgment. In most cases, if the driver had insurance, their insurance company will pay it. If the other driver does not have insurance, in some cases you may have trouble collecting the judgment and the court may have to help you collect it. Have you been involved in an accident and wish to seek restitution? We can...
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