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Thread: Suing-Sm.claims ct

  1. #1
    God/dess whirlerz's Avatar
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    Default Suing-Sm.claims ct

    Ok, so I was a freakin' idiot, & let this damn contractor play me . He's half-a**sed did a couple things, & left more projects unstarted. I went on nolo.com (legal site) & looked up about this. I'm pretty sure he move out of the park here (mobile home). About a week and 1/2 ago I sent a 'demand' letter (by delivery confirm.) asking for my $ back. Now, his wife still lives here. I gave til about thie end of the month for a response, pretty sure I'm not going to get one. A neighbor of theirs stopped by the day the letter was delivered & asked if I needed 'help' w/the windows, since said contr. is out of state temporarily? Yeah, sure, I need another yahoo to jerk me around. I know damn well I'm pretty much f*** outta of the $, here, but, can I maybe claim it as a loss on my income tax (next yr>)? Can I send a 1099 (I don't have ss# for him). I know also even if I won in court, I have the burden of collecting the $. At this point, anything I can do to get his ass in trouble is fine by me. I also have some signed receipts when I gave him $, a complaint letter by the park mgr. (against me!) b/c he left part of this one thing undone so long (he did fix that, outside anyway). I don't have a written contract either, just a proposal for one of the jobs. I since joined Angies List, they said they'd help me file a complaint & they have ratings & reviews on different contractors, etc. I can also file w/atty. general'ls office, but, that'll be looked at in the next millenium, if then . I've taken pictures, etc.
    Now, I have the added worry of more $ to do work on a depreciating place, the mgt. is coming down hard around here (I think they want to sell in the next couple yrs.) & will no doubt try to fine me, and/or do what they think is appropriate to my house (since they've already threatened this prev.)& then charge me up the nose, adding late fees, etc. They already threw out a handicapped man (he was behind on rent) but hed had wanted to sell long before, he had a firm offer, & they wouldn't let him.


    MANY MEN WANTED TO LAY ME DOWN, BUT FEW WANTED TO LIFT ME UP

    -Eartha Kitt

  2. #2
    Banned Melonie's Avatar
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    Default Re: Suing-Sm.claims ct

    absent a written contract / quotation / DETAILED proposal, you're probably looking at a 'he said, she said" situation in regard to the scope of work, the financial arrangements and the completion schedule. Small claims court will certainly hear your case, but A. there is no guarantee that the court will take your word over his word, and B. even if you do win a judgement it's still up to you to actually collect any money back. However, if you do win a judgement and can't collect, at least the IRS will then allow you to take a tax write-off for the loss.

    As to your park association, legally speaking if you accepted their terms as part of a rental contract you're definitely screwed re being billed for a park association contractor plus whatever late fees etc. are permissible under park association terms because your own contractor did not complete necessary work X by date Y. Unfortunately, your a$$hole contractor bugging out means nothing legally - you were responsible for abiding by park association terms, you were given notice that work X needed to be completed by date Y, and the work wasn't completed.

    remember a few months back when I asked whether or not you had fire insurance ? How many more thousands of dollars have you 'lost' since then in terms of larger depreciation in market resale price plus a$$hole contractor's fees ?

  3. #3
    God/dess whirlerz's Avatar
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    Default Re: Suing-Sm.claims ct

    <Melonie quote>remember a few months back when I asked whether or not you had fire insurance ? How many more thousands of dollars have you 'lost' since then in terms of larger depreciation in market resale price plus a$$hole contractor's fees ?

    Yes, I do indeed remember. I have regular 'property' (mobile home) insurance, I must admit I haven't read over the policy about fire. I don't have a specfic separate fire insurance, to my knowledge. Yes, the depreciation. This place prob. isn't worth sh**.


    MANY MEN WANTED TO LAY ME DOWN, BUT FEW WANTED TO LIFT ME UP

    -Eartha Kitt

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