small claims

[diane58]

I hired a contractor to do an addition to my house. Close in the Garage(make into a den and add a full bath to the master bed room. I asked him was he licensed contractor before we signed the contract and he stated he was. I signed the contract on Jan 8, 2001. He stated that he would have the job completed by February 15, 2001. He and I signed the contract on Jan 8, 2001. I gave him a deposit of $1200.00. Then I gave him 1200.00 for a brick mason labor, 500.00 for labor, $250.00 for concrete mixer(truck, 1730 for framing material and $1900.00 for framing labor.

The brick mason layed the foundation the week of Jan 12th.
The contractor layed the floor joist the following week.
I called the contractor at least 3 times a week asking when is he going to do some work on the house. He kept giving me excuse after excuse. The February 15th I asked for my key back and told him to return the $1900.00 for the framing labor. And to give me his contractor liscense number because I was going to fill a complaint. He stated that he didn't have to give me his license number and he was not giving me $1900.00 back. I call the License Board and the Home/Residental Assocation and the stated that he was not a licensed contractor. I called the contactor back and he stated that he would only give me $120.00 back and that as long as he would for a licensed contractor he is okay. I told him I asked before we signed the contract was he a licensed contractor and you said yes and I will bring my creditals the next day. I also stated that 120.00 is all I'm getting back and take me to court if you want I haven't done anything illegal.

I would like to know can I get my $1900.00 back. I feel he abandoned the contract by completing the work given the time frame??? Florence, SC

 

[I AM ALWAYS LIABLE]

Small Claims

Q: When is a case a matter for "Small Claims", and when is it "Common Pleas"?

Generally speaking, when the amount or value of property in dispute is less than $7,500 the matter is filed and heard in Small Claims Court.

Q: How do I file a Small Claims case? Is there a charge?

A Small Claims action is commenced by the filing and service of a summons and complaint, together with the appropriate filing fees. Parties instituting a Small Claims action are required to pay the filing fee at the time the case is filed. The current fee is $55. Complaints may be accompanied by an application to proceed in forma pauperis, meaning that the plaintiff is incapable of paying the filing fee.
Summons and complaint forms are available at either of the two Small Claims Courts in Charleston County. You must bring a current Charleston County address for the person against whom you wish to file the case so that the summons may be properly served. If you are attempting to collect from a person who lives outside Charleston County, or from a business located in another county, you must file your case in the county in which the person resides, or in which the business is located.

Q: Where Do I file a Small Claims Case?

Small Claims cases (civil claims under $7,500) are filed with one of the two Small Claims Magistrates' Courts in Charleston County. The Small Claims Court in Charleston is located at 995 Morrison Drive, and is open Monday through Friday from 8:30 AM to 5:00 PM. The North Charleston Small Claims Court is located at 2144 Melbourne Drive, Room 103, and is open Monday through Friday from 8:30 AM to 5:00 PM.

Q: I have a judgment from Small Claims Court. How do I have it executed?

Transcripts of Judgment are filed with the Clerk of Court; executions against property are performed by the County Sheriff. Simply bring in your transcript of judgment and file it with the clerk, along with an execution form that must be filled out by you or your attorney. The clerk will sign and seal the execution. Because cases from a lower court may be appealed for 30 days following the judgment, you must wait 30 days before you can have the judgment executed. After the 30-day waiting period, take your transcript of judgment and execution against property to the County Sheriff's office.