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 Post subject: Small claims court - Is is worth the trouble for $200?
PostPosted: Thu Oct 09, 2008 5:08 pm 
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The short version of a long story:

I find a guy on Craig's List who comes over and gives a decent estimate for tiling my bathroom. So, I give him a $200 deposit.

A few days later after talking to folks, I find out that the 'backer board' underlay to reinforce the tile is absolutely necessary after he assured me that he's been doing it without for years and years, blah, blah...

Reluctantly preceeding with the job, I tell him to pick some up and install it anyway for piece of mind. Fine.

So, he shows up the morning of the job and tells me we have a little problem. GREAT! 'They' only gave him white tiles and no black ones for my checkered install. Obviously, this is bs and the final straw not-to-mention.

So, I say, "Look, just give me my deposit back". And we agree that he'll drop it off the next day.

It's been 1 1/2 weeks, my bathroom's done, tile was installed by Floors To Go on Glenwood ( ask for Trey, raleigh.floorstogo.com) and looks great.

I'm sure I have just cause, but for $200 it's not about the money at this point as much my time. I've done a decent job of avoiding courthouses like the plague, but am not sure about how well our court system operates regarding small claims here in Wake County.

Any similar experiences with contractors anyone?


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PostPosted: Thu Oct 09, 2008 5:12 pm 
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Does he have a business license? Send him a registered letter requesting reimbursement or you'll file a complaint with the BBB.

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PostPosted: Thu Oct 09, 2008 5:14 pm 
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I have only once been to small claims as a plantive. I won and the defendant had to pay me what I was seeking plus the filing fee. It took about 15 min. in front of the judge. I assume it is still like traffic court in that you may have to wait all day for your 15 min.

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PostPosted: Thu Oct 09, 2008 5:27 pm 
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Wes Eargle wrote:
Does he have a business license? Send him a registered letter requesting reimbursement or you'll file a complaint with the BBB.


Nope... :(


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PostPosted: Thu Oct 09, 2008 5:44 pm 
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You can send the complaint to the BBB. I would still send him a letter threatening to sue if you don't have the check in 5 days.

I think that small claims court would be a waste of time. He owes you $200. If you win you will be owed $200 and your court costs. How much is your time worth?

To make it all even cooler, the deal is not that he will be taken away in handcuffs until he pays, or beaten with a sharp instrument until he pulls out his wallet. He will get a judgement and you will then be the collection agent, so you in effect have the same problem collecting.

BTW, you don't have to use backer board, you can put down a concrete underlayment which is the same thing, but he probably wanted to put it down on the plywood subfloor. Not good moisture wise. :-)

Good Luck


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PostPosted: Thu Oct 09, 2008 5:51 pm 
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RobLupella wrote:

BTW, you don't have to use backer board, you can put down a concrete underlayment which is the same thing, but he probably wanted to put it down on the plywood subfloor. Not good moisture wise. :-)

Good Luck


Even worse. Vinyl laminate.

Yeah, I think I'll send a letter with a five day ultimatum.

thx Rob!


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PostPosted: Thu Oct 09, 2008 8:45 pm 
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A receipt from a certified letter (saying that he got it) really works in your favor should you go through it for the principle of the matter.

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PostPosted: Fri Oct 10, 2008 12:08 am 
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Matt McGrain wrote:
RobLupella wrote:

BTW, you don't have to use backer board, you can put down a concrete underlayment which is the same thing, but he probably wanted to put it down on the plywood subfloor. Not good moisture wise. :-)

Good Luck


Even worse. Vinyl laminate.

Yeah, I think I'll send a letter with a five day ultimatum.

thx Rob!


Check before you send it. You have to be careful with what you say in a letter. I don't think you can just send a letter informing him you're going to sue him.

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PostPosted: Fri Oct 10, 2008 9:34 am 
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It’s been my experience, and yes, over the years I’ve been several times, always as the plaintiff, by the way, that for $200 it may not be worth the hassle. First you’ll have to file a complaint. Then he has to be served. That’s usually done by the sheriff dept, and believe me, they have a ton of papers to serve. I found that hounding them to serve was actually more trouble than going to court. Then, if he’s served, and if he shows up, and if you win, as Rob said, you’ll just be on a long list of those who’ve taken the time before you to go to court. You’ll only get your $ if he has property to sell, sells it and there’s still $ when it gets to your name on the list. Filing a complaint with the BBB only carries any weight if he’s a member, which I’m sure he probably isn’t. Discouraged yet?

I gave up even trying for small amounts, and since most of my issues revolved around people writing bad checks, I ultimately solved my problem by not taking checks.

Whatever you decide to do, good luck, and keep us posted. Oh, and by the way, the registered letter is a good start, (I’m not a lawyer, but I slept @ a blah, blah blah) saying that you would hope to be able to resolve the matter without having to resort to taking legal actions. That’s more implied, rather than expressed. However, most unsavory types just know not to go to the post office and accept the letter. Then, all you have will be the returned letter-after about a month-that you can show the judge-saying that you tried every avenue to resolve the problem. Again, good luck.

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 Post subject:
PostPosted: Fri Oct 10, 2008 10:29 am 
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Pretty much Ditto what gwen said. I would:

Send a registered Letter telling I was going to small claims court if he didn't refund money to try to scare him. If it doesn't work, count it as a $200 degree from the school of hard Knocks. NEVER do business with some one who can't produce an insurance certificate before you pay him any money. If you would have gotten this clown over he probably would have cut his thumb off in the tile saw and sued you for workers comp!

BBB is so a waste of time. Doesn't carry any weight at all!

Slam him on Craigslist.

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 Post subject:
PostPosted: Sun Oct 12, 2008 11:49 am 
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Thanks for the advice everyone! I'll send him a notice for small claims court to see if it strikes a nerve. Perhaps I'll get my attorney brother-in-law to provide a nice 'warning letter' on letterhead.

As far as Craig's List, consider him slammed. :twisted:


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