sue the owner or the LLC?

[jwilso3]

What is the name of your state (only U.S. law)? I live in Georgia. I hired a guy to re-upholster my couch. He did it, dropped the couch off. We looked at it quickly, paid him, and he left. When we closely examined the job he did we realized that the stitching was unacceptably crooked. I called him several times to see what he was willing to do to make things right, but he has avoided my calls. I contacted the BBB, but don't expect any results. I will take him to small claims court but don't know if I should sue him or the LLC. He is the owner of the business.

 

[HomeGuru]

What is the name of your state (only U.S. law)? I live in Georgia. I hired a guy to re-upholster my couch. He did it, dropped the couch off. We looked at it quickly, paid him, and he left. When we closely examined the job he did we realized that the stitching was unacceptably crooked. I called him several times to see what he was willing to do to make things right, but he has avoided my calls. I contacted the BBB, but don't expect any results. I will take him to small claims court but don't know if I should sue him or the LLC. He is the owner of the business.

**A: when you say he is the owner of the biz are you saying that the LLC is the legal owner of the biz?

 

[jwilso3]

the owner is listed as the registered agent of the LLC, and the owner did the work on my couch

 

[HomeGuru]

the owner is listed as the registered agent of the LLC, and the owner did the work on my couch

**A: LLC is Defendant, service of complaint is to registered agent. Or you can name both LLC and owner personally.

 

[jwilso3]

Will I need to bring another re-upholsterer to court to testify that the job that was done was unacceptable by professional standards or should I just take pictures?

 

[HomeGuru]

Will I need to bring another re-upholsterer to court to testify that the job that was done was unacceptable by professional standards or should I just take pictures?

**A: it depends upon the amount of your claim and type of court.

 

[jwilso3]

The whole job cost $1500 and it's going to small claims court

 

[HomeGuru]

The whole job cost $1500 and it's going to small claims court

**A: then up to you. Read your paper work carefully. You may have accepted the shoddy work but virtue of paying for the work and accepting the item at home with no complaints. Why did you not carefully inspect the work before paying him?

 

[Zigner]

You will also have to overcome the burden of the fact that you ACCEPTED the work.


ETA: Yeah, what he said!

 

[HomeGuru]

You will also have to overcome the burden of the fact that you ACCEPTED the work.


ETA: Yeah, what he said!

**A: unless of course a couch potato is an expert witness.

 

[Zigner]

**A: unless of course a couch potato is an expert witness.

Lately, potatoes have been reluctant to talk to me, so I never even considered that option.

 

[jwilso3]

From a distance it's not noticeable because the stitching is clear in some places and close to the color of the couch in other places. When you look closely at the couch it's very noticeable.