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contractor/lien/collection questions??

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threedogs

Junior Member
What is the name of your state? Georgia

January 2005-- my husband & I hired a concrete contractor to provide a concrete poured-wall foundation for our home addition. We paid contractor in full upon completion of service, aproximately $2,500.

June 2005-- while refinancing our home, a standard title search uncovered a lien placed upon our home by our contractor's concrete supplier in the amount of $550. The supplier explained to us that our contractor did not pay for his materials (along with a handfull of other invoices) and that they currently have 4 liens placed on different homes regarding non-payment by our contractor.

In order to complete our home refinance we paid $550. to the concrete supplier, who in turn released the lien.

For the last few weeks we have attempted to locate & contact the contractor to collect our $550. The contractor has changed his phone number and is now operating under a new business name. We most recently left a voice mail message stating that he has 7 days to pay or we will pursue legal action. I intend to send a certified letter to that same extent today.

QUESTION... Can we sue in small claims court for the $550, plus court fees, plus whatever time we have to take off work to go to court?

We have everything documented, does this sound like an open and shut case?
Also, do we sue in the county we live in or the county the businesses is based in?

Sincerely, LP
 


JETX

Senior Member
threedogs said:
Can we sue in small claims court for the $550, plus court fees, plus whatever time we have to take off work to go to court?
Yes, you can file for the $550.
Yes, if you win, your order will include the court costs/fees.
No, you cannot recover the time from work.
 

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