View Full Version : small claims court
ok to make this short i had a contractor come in and he ended screwing me over. paid him a down payment for huge job which included building a deck renovating kitchen and bathroom. anyways he started with the bathroom and was suppose to have it done in a week.A month later he is still here. until last week when we got in an argument and sent him on his way. he was wanting more money. so my question is has anyone ever dealt with the small claims courts. if so how do they make people pay that dont have any money. do they seize stuff on them or put leans on houses or is it just a big waste of time
rubycshells
06-10-2007, 10:28 PM
Their bank accounts can be seized.
ya i am wondering wonder about assests because it seems like this guys company has no money
puppyluv
06-10-2007, 10:45 PM
I would take out an ad in the paper..or possibly start a webpage with your dissatisfaction..It will hurt his business the bad publicity...
Sorry it seems it isnt going well for you..Renovations can be stressrul enough without a shady contractor.
6sixstring6
06-11-2007, 08:12 AM
The court does not make them pay, they just issue a judgement in either your favor or the defendants favor. If it is in your favor, it is up to you to pay to register the judgement and it will appear on thier credit bureau. Also it is up to you to monitor them and if you beleive they have assets worth seizing and having a sheriffs sale to recover your money, then you also pay to have this done.
Small claims court is usually nothing more than a victory in principle, cause it is so hard to collect what you've been awarded.
Dan_Man
06-11-2007, 11:17 AM
Sounds like you need Holmes on Homes to help you out :)
The_Dave
06-11-2007, 12:10 PM
NEVER pay anything up front, just ask Holmes on Holmes.
Take PLENTY of pictures before AND after the "renovation". This will hold up much better than your word in any case!
kaj27
06-11-2007, 04:52 PM
It's not slander if it's true.
sanstu
06-12-2007, 09:04 AM
ok to make this short i had a contractor come in and he ended screwing me over. paid him a down payment for huge job which included building a deck renovating kitchen and bathroom. anyways he started with the bathroom and was suppose to have it done in a week.A month later he is still here. until last week when we got in an argument and sent him on his way. he was wanting more money. so my question is has anyone ever dealt with the small claims courts. if so how do they make people pay that dont have any money. do they seize stuff on them or put leans on houses or is it just a big waste of time
Kitchen and bathroom reno's are the most costly (and can also be) the most time consuming of all interior reno's. These reno's can also add the most value to your home. Did you have a written contract or was it a verbal contract? You haven't said whether you or the contractor applied for the proper permits for these reno's.(plumbing, electrical, building) Did you also add an additional 30% to your estimate to cover any unforeseen problems that may arise?(problems that are not apparent to the contractor until demo.is completed) Is the contractor doing all the work himself/herself or does your contractor have subs doing some of the work? Did you get several estimates for the work and ask for references?
It appears that the contractor did perform some work, although not as quickly as you would have liked. It was you that sent the contractor on his way. He did not take a deposit and then "skip town". Seems to me the contractor may have a cause of action against you for breach of contract.
well sanstu he refused to return to finish the job. i payed him 5000 dollars. i had a contract he was not to recieve another cent until my bathroom was finished and the box installed for my cupboards. my bathroom is not finished and my kitchen hasnt been started. so when i say i sent him on his way i mean when he demanded another 4000 dollars i refused and he said he wouldnt finish unless i payed so i said cya later. so is everyone saying small claims court is a wasted of time and money
sanstu
06-12-2007, 12:02 PM
well sanstu he refused to return to finish the job. i payed him 5000 dollars. i had a contract he was not to recieve another cent until my bathroom was finished and the box installed for my cupboards. my bathroom is not finished and my kitchen hasnt been started. so when i say i sent him on his way i mean when he demanded another 4000 dollars i refused and he said he wouldnt finish unless i payed so i said cya later. so is everyone saying small claims court is a wasted of time and money
Wasn't trying to offend you K1. If what you are saying is correct your damages may exceed the limit for small claims court!I am saying this because now in order to complete the work you will have to hire another contractor, pay another deposit, ect. You could file this with The Court of Queens Bench, which is totally different form Small Claims Court. Further more, the newspaper will pick up stories regarding claims filed this way, which translates into bad publicity for the company. Good Luck, and just know that all contractors are not like this one.
so what is the best way to make him pay court of queens bench or small claims court i just want to get my money as soon as i can from this guy i know he is in the wrong. you must be a contractor santsu. have you dealt with this thing before
sanstu
06-12-2007, 03:47 PM
K1, if it were me this is what I would do. If any of the work done required permits (and I'm sure it did) than I would contact the building inspector. This person may or may not be able to help. I don't think you are going to get what you want from small claims court.(you would probably win however actually getting the money from this person may be difficult) As I said, if your damages exceed the limit for small claims court, then by all means go to the higher court. Of course the best thing would be to settle this with the contractor. Good Luck!!
TrueLine
06-12-2007, 09:48 PM
A word of caution on the building inspector. Depending on the quality of work performed already, The building inspector may add another cost if he finds something he dosen't like ie. plumbing, electrical, firewalls etc. If the contractor had a building permit, you may be ok. I don't know your situation, but for example, if you have tenants in your building and the inspector finds what he considers a serious issue, you may be required to lay out more cash before you can even consider dealing with this other joker.
well we didnt get any permits. so i does this mean we are screwed
6sixstring6
06-13-2007, 08:58 AM
k1.... you have received a number of opinions from this forum as varied as the weather is around here. I think it is time that you consulted a lawyer to get factual advice. Most lawyers provide the first consultation at no charge and they will let you know if your cause is actionable.
macjc
06-13-2007, 04:02 PM
I might be going through the same thing here shortly. small claims court is anything under $6000. you can go for a larger amount, but the most you will get back is $6000. If you lose, you will have to pay their lawyer fees, but as long as there even a small amount in your favor, you do not have to pay. Getting the money after the fact, through information i got from a lawyer is next to impossible. If it is a large business, you might have a chance, but the "small guy" good luck. sry for your luck
www.gnb.ca/cour/07SMCL/index-e.asp
I found usefull information here. I am fortunate enough to post dated my cheque, and then I cancelled it. funny what a business owner will do to help you when you have a problem with their services when they do not have the money.