FAQ: Small Claims Basics

[uzu]

What is the name of your state (only U.S. law)? georgia

1. I am going to file a small claim against a roofing contractor. The statute of limitations is 2 yrs. Does this clock start at the time the roof was installed or the time I discovered the damage that I am going claim about? IE: It was installed in July but the roof started leaking in October.

2. Who do I file the claim against to give me the widest range of collection possibilities? (IE: John Doe DBA Company X / John Doe AND Company X) I want to make sure if the company is defunct that I can file a lien against the company owners house. Note: The company is a small family owned business.

3. There is a possibility that the roofing company will file a counter claim against me. My permanent home is in Florida but the roof problem is my other home in Georgia (secondary home). Can the roofing company serve me in Georgia or does he have to serve me in Florida?

Thanks for your help.
uzuWhat is the name of your state (only U.S. law)?

 

[uzu]

Please help

Can someone please help with advise?

 

[FlyingRon]

If it's a DBA and not a corporation there is no "entity" other than the owner. File against Fred Shmo D/B/A Leaky Roofs. (Frankly there should not be the word "Company" other than "and Company" unless he's incorporated). Any judgments he will be personally liable for.

The SOL runs from the injury or when you discover or reasonably should have discovered it occured. Actually, the GA statute of limitations on contractual issues is 4 or 6 years. Two years applies to product liability and personal injury claims.

What injury have you done them?

 

[uzu]

I have not been served yet, but the dispute arose when the "Leaky Roof" company tried to paint and repair. My wife gets ill with the smell of paint and she would refuse the painter entry (twice) because she was in the same house as the painting was going to be done. The "Leaky Roof" company called me screaming saying his painter was "never coming back!" and we had to make alternate arrangements. We verbally agreed to deduct the cost of another paint company doing the work. I gave him three estimates and he accepted the middle offer. I followed up with a letter to him confirming the agreement. When I called him about the leaky roof he said I never paid him in full so he was not honoring to fix his leaky roof job. So I suspect he is going to try and serve me with the cost of the paint job.

 

[uzu]

I must clarify about the leaky roof. There are two occurrences. The first when the roof was installed. The roof company left the roof open during a rainstorm when the roof was installed and caused every crevice in the roof to leak. This is where the painting dispute came about. Then in the fall when I fired up my furnace the second leak occurred. It resulted from a chimney cap that was improperly closed up during the roof install that did not let furnace gases escape. The resulting sweating of the furnace tube caused water to build up in the roof and the wallboard to bulge near collapse. This is what my claim would be for against the "leaky roof" company since they would not come to inspect or repair.