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Small Claims question

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spikedog

Junior Member
What is the name of your state? MASS
I would like to know if I can take my Contractor to Small Claims court or if they will consider this a "Housing court" issue and make me take it there where I'll need a lawyer... I have a previous thread on this site re: this topic but essentially he abandoned the job and did poor work (REALLY BAD) and he is mostly paid off and won't return my calls...
SO- since I can't afford atty retainer fees, etc to sue him properly (and he's protected himself by putting everything he has in his Wife's name) I am wondering if I can pick different areas where he screwed up and just keep taking him back to SC Court or if they'll only let me sue him ONCE there for the max of $2K regardless of how many projects he neglected to repair?
I am hoping I can sue for each problem here since it's not like one big "addition" or something- I'd sue for his ruining my floors, then return and sue him for demo-ing my front stairs but not rebuilding them so that I had to hire someone else and sue for those charges, he installed replacement windows but didn't take down the old storm windows & frames which void my warranty, etc... but will they let me continue to bring suits?
Thanks!!!
deb
 


BL

Senior Member
What is the name of your state? MASS
I would like to know if I can take my Contractor to Small Claims court or if they will consider this a "Housing court" issue and make me take it there where I'll need a lawyer... I have a previous thread on this site re: this topic but essentially he abandoned the job and did poor work (REALLY BAD) and he is mostly paid off and won't return my calls...
SO- since I can't afford atty retainer fees, etc to sue him properly (and he's protected himself by putting everything he has in his Wife's name) I am wondering if I can pick different areas where he screwed up and just keep taking him back to SC Court or if they'll only let me sue him ONCE there for the max of $2K regardless of how many projects he neglected to repair?
I am hoping I can sue for each problem here since it's not like one big "addition" or something- I'd sue for his ruining my floors, then return and sue him for demo-ing my front stairs but not rebuilding them so that I had to hire someone else and sue for those charges, he installed replacement windows but didn't take down the old storm windows & frames which void my warranty, etc... but will they let me continue to bring suits?
Thanks!!!
deb
Your other thread:

https://forum.freeadvice.com/showthread.php?t=335248

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Ok , was ALL the work tied into one written contract ?
 

spikedog

Junior Member
Hi,
We didn't have a formal contract (no signatures- just verbal agreements) but I would have to say YES it was considered 1 remodel job with several projects within the renovations...
There's really no way to prove it one way or the other except the payments I made to him were large so it's unlikely it'd look like I hired him for several smaller projects...
I chatted with our local SC's clerk and she made it sound like they don't typically "split" claims up like what I wanted to do... she "understood" but said he'd just dispute it and once I got a judgement I'd waive any further legal action in the future.
deb
 

BL

Senior Member
Hi,
We didn't have a formal contract (no signatures- just verbal agreements) but I would have to say YES it was considered 1 remodel job with several projects within the renovations...
There's really no way to prove it one way or the other except the payments I made to him were large so it's unlikely it'd look like I hired him for several smaller projects...
I chatted with our local SC's clerk and she made it sound like they don't typically "split" claims up like what I wanted to do... she "understood" but said he'd just dispute it and once I got a judgement I'd waive any further legal action in the future.
deb
While SC's Clerks aren't suppose to give legal Advice , the Clerk is most likely correct .

You can decide on going the limit for small claims and take your chances . I'd suggest a Consult with an Attorney first .

Always use a licensed contractor .. It sounds like He's a slick one , and even if you get a Judgment , it's going to be hard to collect .
 
Last edited:
You must include everything in the "case or controversy" you can not piecemeal a dispute like this. That is a basic legal procedure concept.
 

spikedog

Junior Member
I didn't realize that... and since I can't afford the close to 10K I've been told this case would cost me legally I thought I might be able to take him to SC for each defective project for $2K each and at least with such a small amount it'd be harder for him to weasel out of paying it. My hope is to get a lien on one of his houses since he can only protect one with a Homestead Act... but again- his wife's name's on all the titles (he has 4 investment homes).
*I wonder if the mortgage holder's name makes any difference as he may be listed on their mortgage???
Would any of you know THAT or a way around collecting from someone who's made himself bullet proof and hiding behind his wife? He also has a new truck but I've read that in my state you can't take someone's primary means of transportation for their job... so that's OUT.
He IS licensed so I imagine I can at least get a black mark on his name- but again- a lot of people don't check on their history with the licensing board...
thanks,
deb
 

danno6925

Member
Screw him back!

Is Mass a community property state? If it is - NAIL HIM!. Since all martial assets are considered community property, the assets of the one become assets of the other - sort of like join ownership - meaning he would have no shield to hide behind anymore!

He might be slick, but he probably ain't all that bright. Smart contractors build a good name for themselves and rely on referral business. The best contractors I know haven't had an ad in print for the past 20 years because they haven't needed to advertise - their work does that for them.

OR
You could plant a five foot tall sign in your yard:
This house hideously disfigured by <contractor's name>.
If you also want to get screwed with poor craftmanship at mile high prices,
call <contractor's number> and ask for the jerkoff that owns the place!

Petty? You bet!
Effective? Dunno - but it will probably increase the crank calls he gets!:D
 

Proejo

Member
Spikedog - sue for repairs AND legal costs. You should be able to secure an attorney for a small retainer if the attorney reviews your case and is confident of your assertions.
 

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