Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Have you gotten estimates for the cost of any repairs?
How did you come to be aware that the work was substandard?
Did you pay him in advance or after the work was done?
How much are the repairs going to cost?
Ok, then if the damages are under $7500, you can sue him in small claims court under a breach of contract claim. The clerk will have the summons and complaint forms that you need to file and have the sheriff serve him with. You would have to sue him in CO where he lives in order to get personal jurisdiction over him.
However, while you might be able to get a judgment, if this guy is a deadbeat who has no money and lives hand to mouth, then you may not be able to collect on the judgment. But at least you would have one that would sit on his credit report for at least 7 years.
You still have a fully enforceable oral contract...it doesn't have to be in writing...it should be, but it isn't mandatory.
Also if he's not a licensed contractor and he's not paying taxes and all I have is a handwritten bills will that come up in court.
You can bring that up, but it really is between him and any licensing agency and the IRS, so it isn't really relevant for your case other than to show he is a shady character..
Your issue is that you paid for a job to be done with "workmanlike" quality and he breached that contract by performing shoddy work that you have to redo..
Unless your relative is an attorney, then they can't represent you in court. And if the judge had questions about the case, the attorney can't answer them because he wasn't there.. So at least one of you would have to be there to answer any questions the judge might have.
You are very welcome. Happy to help any time.
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