Small Claims Process

[dvara78]

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

I started a business helping clients with renovation projects. Helping them screen and select contractors that are licensed, insured, bonded etc.

A client of mine gave a contractor a deposit of $1600 3 weeks prior to starting work on their home. They have a contract in place, also have the drivers license and vehicle tag number of the contractor.

The morning the work was to begin the contractor didn't show claiming he had an injury to his knee. He then became more elusive to the phone calls and now only responds via text message. I went to his house to confirm that he gave the correct address and he did. He said he would return the deposit but is yet to do so.

What steps can my client take to recover the funds?

The contractor has a MO drivers license but lives in Cobb County GA.

How can i begin small claims proceedings for my client?

Any help is appreciated.

 

[dcatz]

Here’s a link explaining the procedures to initiate and prosecute in Magistrate Court (GA Small Claims):
http://consumer.georgia.gov/00/article/0,2086,5426814_39039081_39334516,00.html

But let’s be clear, if the client paid the money and the client has any contract which exists and none of this was done by or through you, you can’t do anything but give advice. It’s not clear exactly what you mean by “how can I begin proceedings” but, unless it was done by or through you, you have no place in this. You have no “standing”.

 

[dvara78]

my client give's me the funds to hold for their renovation.

So the check to the contractor came from me once the contract had been signed off on.
So I am assuming it would be me who files the claim against the contractor since they came from my checking account?

 

[dcatz]

You paid the money and they signed the contract?

Ok, a little convoluted, but I'd say that you all have standing and should all be plaintiffs. I take it that, in doing the work, he would have been following your design parameters.