Looking for advice on filing a claim in Small Claims Court

[RamblingRose]

I recently had my bathroom remodeled and the contractor did a TERRIBLE job on the shower tile floor. After doing some research on installing pebble tile I discovered he installed it incorrectly (i.e. should have sealed the tile before grouting and used the wrong grout). I have texts where he agrees the work is not satisfactory and that he would fix it but it has been over 2 months now and he keeps putting me off. He said he would come out last week but when I texted him the night before he responded saying "I’m glad you messaged me , Jennifer and I are feeling a little cruddy and probably shouldn’t be in your home this week." Unfortunately, he has been paid.


The Georgia Magistrate Council's website with the forms states the following:

1. THE MAGISTRATE COURT CAN ONLY GIVE YOU A JUDGMENT FOR MONEY THAT IS OWED YOU—IT CAN’T ORDER SOMEONE TO DO OR NOT DO SOMETHING.



In this case, I would like to have someone that is competent fix the shower.

I live in Gwinnett but he lives in Winder so the case would be filed in Barrow County.

Should I consult an attorney before filing the claim thus adding to my costs?

Any advice or suggestions are greatly appreciated. Thanks

[spooky3]

1. Hi, we had a situation like this, years ago.

My advice: do NOT hire an attorney; it will eat up all of any award you receive.

Take lots of photos.
Act quickly. There may be a time limit and even if not, judges like cases filed sooner vs later, for preservation of evidence, fewer questions about “why did you wait?”, etc.
Bring evidence from the web or whatever source to back up your statement about how the work was done improperly.
Bring texts, emails, etc., showing he acknowledged his mistake.
Bring an estimate from another contractor to repair the work.

[RamblingRose]

2. Do I need to have the shower fixed FIRST since the statue states:

the court can only make a judgement "FOR MONEY THAT IS OWED YOU—IT CAN’T ORDER SOMEONE TO DO OR NOT DO SOMETHING."
(caps are because I copied from the Magistrate website)


Would asking him to pay for the repairs by another party be "making him do something?"

[COLGATE4]

4. I wouldn't.

[spooky3]

7. What that means is that the judge will award you $x to

Hire someone else to complete the work.

I would wait to get it fixed, but it’s not necessary.

[JenniferJuniper]

5. Agree with all of this

No attorney. Better off without one as a plaintiff in Small Claims court.
File quickly.
Pull together every document you have. Have a couple of estimates in hand to repair/replace the work that was done.
If you can live with the situation for a little while, I probably wouldn't make any repairs until after the hearing.

[COLGATE4]

3. Here's some advice

1- You're going to ask the court to award you money. How much depends on how badly the job was performed. You might try and get all you paid back but that rarely flies. Better to ask for a specific amount, somewhere less than 100% of what you paid the guy.
2- No, you don't need and shouldn't get a lawyer for Small Claims Court.
3- File in the Small Claims Court that has jurisdiction over the property where the work was performed.

The other advice given you in answer #1 is spot on. File your claim rapidly and document everything. Take multiple photos, get pertinent information from the web printed off, plus any correspondence you've had with the contractor, especially proof of payment(s) and any discussions you've had with him about the quality of the work.

Don't leave stuff at home thinking maybe you might need it later. Your day in court is your one chance to get it right. Make sure you have everything you need with you and readily available to show the judge if asked.

Finally, recognize that you're going to be in a legal proceeding which has its own rules. You will be given an opportunity to explain to the judge what the problem is. The contractor will also be given an equal opportunity to do the same. Don't interrupt if something said annoys you and don't show frustration, aggravation of anger. Keep calm and let the judge do his/her job.

[RamblingRose]

11. do I have to provide all the documents with the filing? Could the judge award an amount other than

that in the claim?

I guess it's time for some Judge Judy.

[COLGATE4]

12. You should provide enough documents with the filing

so the judge can get a clear idea of what the problem is. You can provide additional documentation if needed at trial.

The judge can award any amount (s)he feels appropriate. It it almost always less than the claim.

[RamblingRose]

6. Should I get more than 1 estimate? Can I ask the defendant to pay for "court costs"?

[COLGATE4]

14. Yes. Getting more than 1 estimate is a very

good idea. Don't worry about "court costs". Small Claims filings are not expensive.

[spooky3]

8. Also, bring a copy of the signed contract you had with him. And

Watch some Judge Judy shows. It won’t be exactly like this, but it will give you an idea of what questions might be asked.

[2naSalit]

9. In the states where I have filed w/SC...

They did not allow attorneys. You can consult one, check to see who would give you a free consultation if you do call one for advice. Make sure you have all documentation and take pictures of the bathroom and the crappy work, they will only want to see a max of about four or five pictures.

File in your county since that is where the offense took place... I think.

[NightWatcher]

10. I'm in the exact same boat, but ours leaked into our downstairs

I'm just out the thousands that I paid the dude, then I'll eat the money to have it demolished and rebuilt the correct way. It sucks but not enough to get the courts and such involved.

[COLGATE4]

13. Small claims court filing is not expensive.

Then, you don't have any lawyer's fees so I'm not sure where you're getting the idea that it's too expensive. You do need to check what the claim limit is in Small Claims Court. Your project cost may exceed that amount, in which case then you need to go into District Court with an attorney and that can run into money.