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Small Claims Court

When I worked for a loan company I used to go to small claims court once a month to nail all the bad eggs who were delinquent payers. I'd go to the clerk, file the paperwork, pay the fee, and make sure they get served (we had a professional server do it or you could request the cops to do it). Once that was done just show up in court. Most of them usually filed for bankruptcy because they had no chance. This was in CA.
 
Superfly said:
Will do. I am not trying to be a bitch here, but I want my damn money back. I am going to have to use it to pay someone to fix this guy's screw ups.
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A fair amount of my work is doing just that - I wish you luck in your pursuit.
 
Superfly said:
Thanks everyone.

I will make some phone calls tomorrow. I am covered up with work from school, plus we snuck out a few days last week during spring break to go see my Mom. I've been a little behind.

I saw him post again today on FB. I hate to see that ****, knowing what he did to us.

I just don't want to jeopardize any chance I have of winning, by going after him on social media. This guy is a local. I'm a yankee. Y'all know how small southern towns are.
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Do not communicate except via legal means, letter of demand, letter of warning of impending legal action, then go silent and start filing.
If they make an offer to settle, again communicate only via legal means.
ALL legal communication shall be done via certified letter with signature and return receipt required.
All offers shall be made via the same process, with copies sent to your legal representation.
NEVER EVER communicate via social media.
 
vesper said:
I don't know about Georgia but in most states it is illegal for an unlicensed contractor/handyman to do any home improvement work for a fee. Does this dude even have a license?
I thought JC's post above about checking with the BBB was good advise. If contractors/handyman need a license in Georgia and he doesn't have one then he is in trouble legally. If you threaten him legally that alone may cause the guy to reimburse you to keep him out of court.
But if you hire a person without checking them out first and it turns out he is not licensed, you will have trouble getting reimbursed.
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Genrally a handyman does not need a license but there are areas and specific jobs (e.g. major electrical work) that that do require them (your insurance company is likely a good source of free advice). I work as a self-employed handyman (in Texas) and have no license. In Georgia it appears that no license is required for jobs under $2,500.

https://www.angieslist.com/articles/state-license-now-required-georgia-contractors.htm
 
Superfly said:
Thanks, bud. It sucks. I had several people refer me to him. He picks up a lot of business on those Facebook online yard sales. He told me he makes several hundred dollars a week just doing side work from there.

I think that I can **** him right up, just by going behind him and posting pictures of what he did to my carpet. This $500 will cost him a hell of a lot more.

I just don't to get into any trouble with the court if I do that. That's why I have been holding off on saying anything, because I wouldn't want to influence the case.

And no - I think this guy doesn't care in the least about his credit.
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You could threaten to rat him out to the IRS since he is probably not reporting any of his income.
 
Maybe meditate a few minutes to mitigate your seething anger at the Carpet Disrepair Scam Artist. Then think this through as best you can.

Pursuit of a Small Claim would likely entail at least two out-of-county trips, one on the day you file and another for your Day In Court. You would have to pay the $101.50 filing fee and gather compelling evidence (probably photographs). You might search County Court Records and locate other victims of this ScumBucket. In Manatee County Florida, I once filed suit against an auto mechanic. A prior victim showed up in Court to assist me. I won. The judge added court costs, reimbursement for the Court Reporter I had hired, one day car rental and some minuscule amount of interest. A few days later, the mechanic paid me via Certified Mail with a Cashier's Check. If he hadn't, I would have paid to have my Court Judgment recorded, then requested the Sheriff levy personal property owned by the mechanic. BTW, I used the judgment money the following week to take my young wife to Negril Jamaica!

Based on the information you provided, success pursuing a Small Claim seems like a crap shoot. Instead, you might still see if you can locate other victims and troll, troll, troll his ass .... like filing a complaint with the BBB, posting his address and other identifying features (photos of shoddy work, his photo, his work vehicle on Social Media), and writing him Demand Letters. This way you vent and alert the community at the same time.

Maybe, in light of your bad experience, one of your local carpet repair companies might agree to give you a discount?

Meanwhile, feel some Love! Our DP Community hates that Jerk!
 
:lol: Yeah, we have that, at least.

I don't even have his physical address. He told me that his family owned 2 carpet/flooring companies in town, and doesn't have a business location per se, with the exception of what he called "his family's businesses." They deny that he has anything to do with them.

I don't even know where I would send the papers.

I guess I need a lawyer. :(
 
Superfly said:
Anybody here practice law in Georgia?

I need to take a douche to small claims court, and was told that I need to figure out whether or not I take him to court where I live (and where the service was performed) or where he lives.

Anybody know? Am trying to avoid an appointment with a lawyer. I already have to pay $101.50 for the small claims court fee, plus the $500 I am out from the douchebag. I would love to avoid paying money to a lawyer, too, if I can help it.
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I have an idea: take him on Judge Judy. We can all get tickets and root for you in the audience. :2razz:
 
TheGoverness said:
I have an idea: take him on Judge Judy. We can all get tickets and root for you in the audience. :2razz:
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Yes! :lol: And if I lose, at least we could form a mob and beat the piss out of him when we leave the courthouse (or set, as the case may be).
 
Superfly said:
Yes! :lol: And if I lose, at least we could form a mob and beat the piss out of him when we leave the courthouse (or set, as the case may be).
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"You ain't makin' it to your car, brah." :2razz:
 
Superfly said:
:lol: Yeah, we have that, at least.

I don't even have his physical address. He told me that his family owned 2 carpet/flooring companies in town, and doesn't have a business location per se, with the exception of what he called "his family's businesses." They deny that he has anything to do with them.

I don't even know where I would send the papers.

I guess I need a lawyer. :(
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You did business with them and you never knew where their address was?
 
PoS said:
You did business with them and you never knew where their address was?
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Nope. He said that he was working with his family business, and did this on the side for extra money. I thought all I would need was his family business information. But we called the family business and they said that no, he was a distant relative that did not work for them.
 
Sometimes the satisfaction gained is worth the effort and cost. I prefer to think of such things as therapy. They should be tax deductible as medical expenses.
 
humbolt said:
Sometimes the satisfaction gained is worth the effort and cost. I prefer to think of such things as therapy. They should be tax deductible as medical expenses.
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Yeah you're right. I certainly would get satisfaction out of this.
 
Superfly said:
Nope. He said that he was working with his family business, and did this on the side for extra money. I thought all I would need was his family business information. But we called the family business and they said that no, he was a distant relative that did not work for them.
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Hoo boy, I guess you can hire somebody to find out where his address is or try to do some detective work yourself- there's some search sites where you can find out a person's criminal records and/or place of business. Or just hire a layer to do all that, but the costs are going to increase Im afraid.
 
PoS said:
Hoo boy, I guess you can hire somebody to find out where his address is or try to do some detective work yourself- there's some search sites where you can find out a person's criminal records and/or place of business. Or just hire a layer to do all that, but the costs are going to increase Im afraid.
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Yeah. I am waiting on a call back from a lawyer. If I can't get anywhere this way, I am going to go after him on social media and the BBB, and any other way that I can.

I have a lot of good answers in this thread.

Thanks, y'all. <3
 
Lawyer, Attorney, Law Firms, Attorneys, Legal Information |Handelonthelaw.com

That guy has a national radio show and talks a lot about how to do small claims oneself. The website is an index of "Handel approved" attorneys and, I presume, there is information on how small claims court works. He usually recommends doing it oneself for small amounts, and points to the website for help.

You could also call in to, or email, his show.
 
ecofarm said:
Lawyer, Attorney, Law Firms, Attorneys, Legal Information |Handelonthelaw.com

That guy has a national radio show and talks a lot about how to do small claims oneself. The website is an index of "Handel approved" attorneys and, I presume, there is information on how small claims court works. He usually recommends doing it oneself for small amounts, and points to the website for help.

You could also call in to, or email, his show.
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Thanks, Eco. Will take a look.

Oh the irony. I just heard an Empire Today carpet ad on TV. We were going to go with Empire Today before we decided to go with this guy.
 
Superfly said:
Anybody here practice law in Georgia?

I need to take a douche to small claims court, and was told that I need to figure out whether or not I take him to court where I live (and where the service was performed) or where he lives.

Anybody know? Am trying to avoid an appointment with a lawyer. I already have to pay $101.50 for the small claims court fee, plus the $500 I am out from the douchebag. I would love to avoid paying money to a lawyer, too, if I can help it.
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call a lawyer, many will talk to you for free over whether or not the case is viable, then consult you on the cost. Lawyers are in it to make money, but who else to go to when needing to understand law.
 
Superfly said:
Thanks, bud. It sucks. I had several people refer me to him. He picks up a lot of business on those Facebook online yard sales. He told me he makes several hundred dollars a week just doing side work from there.

I think that I can **** him right up, just by going behind him and posting pictures of what he did to my carpet. This $500 will cost him a hell of a lot more.

I just don't to get into any trouble with the court if I do that. That's why I have been holding off on saying anything, because I wouldn't want to influence the case.

And no - I think this guy doesn't care in the least about his credit.
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How could someone mess up carpet, I can go in with a basic knee kicker and some tack strips and lay down carpet just fine, and I work in automotive and am by no means in construction or carpentry. Carpets are something I will not pay someone to do, it is very tedious work but it is not rocket science.
 
JC Callender said:
Beaudreax suggested writing a letter to the BBB, but you can also easily do it online. I've done it before, and the BBB should attempt to contact him. It may scare him into paying you but even if it doesn't, other folks who check BBB before hiring a contractor will be warned.

https://www.bbb.org/en/us

I've used the BBB when dealing with Sprint and Progressive because I got sick of sitting on the phone forever with people who didn't know what they were doing. Now I contact the BBB and usually get a call back from a very well mannered and helpful rep who can't wait to help me solve my problem.
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I deal with the bbb a lot, they usually scare no one into paying back money unless the service that was paid for could not be completed. Most business that abide by the bbb will redo the work to satisfaction upon complain, most of the time if the work is not satisfactory the business will redo it it long before a bbb complaint, sometimes too people have work done and complain without ever talking to the company first. Most companies that do not care about bbb complaints never join the bbb, if the guy is doing it on the side it is most likely he is not a bbb member unless his sidework is registered as a business.
 
beerftw said:
I deal with the bbb a lot, they usually scare no one into paying back money unless the service that was paid for could not be completed. Most business that abide by the bbb will redo the work to satisfaction upon complain, most of the time if the work is not satisfactory the business will redo it it long before a bbb complaint, sometimes too people have work done and complain without ever talking to the company first. Most companies that do not care about bbb complaints never join the bbb, if the guy is doing it on the side it is most likely he is not a bbb member unless his sidework is registered as a business.
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You don't have to be a member to have a complaint filed against you, do you? If nothing else, you're warning other people.
 
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