Small Claims Question

[kprl01]

What is the name of your state? Wisconsin
I built a cabin in Wisconsin. I paid a guy $2000.00 down payment in Sept. 2005 to do insulation work, which he agreed to do. He lives in Minnesota. He never did the work. I had to hire another contractor to do the work. After numerous calls he sent me $1000.00 in Nov. 2005. I have sent him a letter of demand for the other $1000.00 in Oct. 2006 with on response. Is there a time limit on filing a small claim? What state would I file in? Is it worth my time to file a small claim? I just don't see where the guy thinks he can keep the money without doing the work.

 

[JETX]

Is there a time limit on filing a small claim?

Yes. Depends on the form of the agreement, with the following SOL (Statute of Limitations):
6 years for either in Minnesota
and surprisingly,
also 6 years for both in Wisconsin.

What state would I file in?

You can file in either state; however, you should consider filing in HIS state, presumably where his assets are in the event you need to attempt to enforce the judgment.

Is it worth my time to file a small claim?

Depends. How much do you make??
Of course, no one can answer that for you.

 

[Ozark_Sophist]

With a small claim, even if you win, you are responsible for collections.

Have you considered criminal charges? I currently am going after an electrician for felony stealing by deceit (4yr + $5000 fine) through the state attorney general's office because I know getting my money back civilly from this person would be a long process. The electrian took down payments for two contracts and failed to do any work despite hundreds of calls and false promises. AG can force restitution in a plea bargain.