Legal Advice

[gusg]

As I mentioned in another post, the guys who stained my cedar deck screwed it up royaly. I just got a quote for $1125 to strip, sand, and stain my cedar deck. He said that if I had called him first the cost would have been $500. My question is should I go after the first idiots. They wanted $300 and haven't been paid.

I am thinking about taking them to small claims for the $625 extra it cost me ($1125 - $500 to have professional so it) to get the deck to the condition I expected. They said they can't do anything to make me happy and have written it off.

If I take them to small claims and win, what will I win? I have got a feeling that what I will end up with a piece of paper that says Judgement on it and that is it. I will spend time and money in small claims. Is it worth it? Has anyone had good experiences with small claims court?

 

[Hoosier_Daddy]

Winning is one thing... collecting is another......... You will have expenses involved if you file a lein against him. Maybe not much but just the same, something......... Write the Turkey off. Complain to the BBB. If they get several complaints they may turn it over to the law as evidence of a scam artist. At least that is some satisfaction....

This is causing you too much pain....... Drink a brew, calm down and fix it to your satisfaction so you don't get pissed all over again every time you look at it.......... Life is too short for the stress. I would be the same way as you. Tom

 

[rocky2]

Since you held the payment, and they've written it off...I'd say cut your losses and consider it an unfortunate expensive lesson, that could be much worse. Courts and all...I dunno.
Like you say, you might end up with a paper and a judgement in your favor, that's it. Life's too short, I don't think it's worth you investing time, taking time off, grief and aggravation. 'Course, that's just my opinion.

 

[Golfgar4]

<font color=blue>"I have got a feeling that what I will end up with a piece of paper that says Judgement on it and that is it."</font color=blue>

I think you might be right. But in Wisconsin, I think if you win in small claims court, they would have to pay your court costs and filing fees too. Usually, even if the plaintiff doesn't get the money he's out, the court seems to find a way to make sure they're costs are paid. Also remember that any judgement against them is now on the record, and it might just keep them from doing to someone else what they did to you.

I agree with Tom that you should stay calm and not let it stress you out. However, if you go into the process understanding you may come out empty handed, you could be pleasantly surprised to find that you do get something back. I just hate to see guys like this get away with it, because you just know their going to pull it on someone else.

 

[JohnMiller3]

Hi Gus,

In New York State, a consumer can file a complaint with the Attorney General's Office... they have many divisions and one is for Home Improvement... possibly something like this is available in your state... the AG's office has "teeth", they fine, recoup monies, put businesses out of business...

A legitimate business wouldn't want any problems... especially if they intend on staying in business... /w3tcompact/icons/smile.gif

 

[Gary_in_Indiana]

I've had good and bad experience in Small Claims Court. Right now I get a check every week from them on judgments I've obtained where I've followed through and gotten garnishment orders. If your guy is self employed it's a little tougher but not impossible. Once you get your judgment you're always able to turn it over to a collection agency and let them go after the money. Those guys are pro's and good at what they do. You might be surprised at what they can do for you. I've seen all sorts of odd things happen that allowed me to collect.

One of my favorites is when some old debtor marries and tries to buy a house only to have my old judgment pop up. Ironically, then I get a call asking me to either just give them a release or to take something LESS than I'm owed. I just tell them to go downtown and pay the court, get their receipt to take to their lender. I'm not signing any release for them. They didn't give a da** about me all this time so I see no reason to go out of my way to speed along their closing now.

If it were me, I'd do it if I thought I had any chance of collecting. One thing I'll suggest to you is to check and see if there are any other outstanding judgments against them. If there are a lot your odds of collecting are greatly diminished. In Indiana, you're only out your time and your filing fee (currently $39) for pursuing them in Small Claims Court. I'd think it'd be good experience for you. Good luck with whatever you decide.

 

[justractors]

Sounds to me like you got what you wanted, Cheap.
Most cheap things are of a lesser quality thats why they call them cheap. Look cheap up in the dictionary, I'll bet it says of lesser quality.
Next time get some estimates and again decide if you want it done right or cheaply.
Old adage "You get what you pay for" now you can add to that "or less".

Of course this is only my humble but well thought out opinion,
Bill

 

[Wingnut]

well, you know what they say "opinions and butts - everybodies got one" .... and here's mine (opinion that is /w3tcompact/icons/smile.gif)

you can go to court because you're not happy ... but are you SURE you're going to win? You contracted, they did the work, you didn't like the work and refused to pay.
Hmmm ... judge may award it to them .... rather than you. He may decide that you were willing to pay for a $300 job and got a $300 job but were stiffing the contractor.
That's the other side of what could happen .... $300 plus their court costs plus still having a deck you're unhappy with.

Good luck whichever way you toss the coin!

peter

 

[Anonymous Poster]

Got yourself sort of between a rock and a hard place here.
The first thing you need to have is a written estimate from the second contractor stating what was done wrnog, and what will have to be done to remediate it, as well as what it will cost to do the job right. No court is likely to give you the total for the new contractor, but if the estimate is properly written, you will likely be awarded the cost of remediation and cleanup. You also need a lot of pictures showing all the screwups.
Then, you need to file in small claims court, primarily to protect yourself from the first contractor filing against you.
As well as filing, you need to send the first contractor a detailed written list of why you are not paying, by certified mail.
Then you go to the trial phase, and see how it comes out. If you win, you will have a judgement, probably number 87 or 88 in the line of creditors against this guy, and the value of that judgement will be that it prevents the slob contractor from filing a lein against your property.
Or, you can just sit back and do nothing for 90 days, and if the slob is half smart, he will sue you in small claims, and win based on the Account Stated rule. Then, you will pay twice, along with intrest and agrivation.

 

[Ozarker]

I doubt if any judge will award to them if the job was botched in the manner described. Part of "doing the job" is an implied contract that the job will be completed to accepted standards within that industry. Damaging the wood and slopping stain on the siding and door jambs can't possibly be an accepted industry standard for that type of work.

 

[loner]

x-2 what you said.

 

[dummy]

If you decide to pursue and get a judgement in your favor, find out where they do their banking and put a lien on all of their accounts. Surprisingly how quick they'll pay when they can't get to their money.

 

[Wingnut]

Obviously you have a lot more faith in judges than I do. Everytime I open the paper lately, I see another judgement coming out of our courts that makes me wonder what qualifications judges need besides an extremely low IQ and evough fiends to vote them in ....

 

[Ozarker]

You're right. But one common thread in most of those cases that make you want to scratch your head is that is is the little guy that comes out ahead and business that loses. In this case, the owner of the deck is the little guy wronged by the business. The business isn't going to win in court after doing damage to the little guys property.

 

[gusg]

Well I have made up my mind what to do after considering all of the good responses I have gotten. I called Behr and it appears that they will help me out to the tune of $400. With the $300 the first guys would have gotten paid I will be $425 in the hole since the job is now going to cost $1125. I asked the contractor who will now do the stripping and resealing what the cost would have been had he done it in the first place. He said that it would have been $600 which is in line with what other contractors bid. That means that I will only be in the hole $125.

Life is too short to get all stressed out about this (as some of you told me) and to go through the aggravation of court. I am just going to have the work done and forget it. It is probably worth the $125 to have learned a valuable lesson.