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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33769
Experience:  Attorney with 15 years experience in various consumer protection areas
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My husband and I own a rental property in Colorado we had a

Customer Question

My husband and I own a rental property in Colorado we had a contract to do some work on it we come to find out he's not a licensed contractor and the work that he did it was very shoddy we paid him in full but now would like to try to recoup some of the money back because we have to have a lot of the work redone I have do we have any rights in order to bring him to small claims court and how does that work in the state of Colorado thank you
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 3 months ago.

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.

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Have you gotten estimates for the cost of any repairs?

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How did you come to be aware that the work was substandard?

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Did you pay him in advance or after the work was done?

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How much are the repairs going to cost?

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thanks

Barrister

Customer: replied 3 months ago.
We are in the process of getting an estimate from another contractor for all the redos. We live out of State so we took his word for it that the job was coming along well. We visited the house this past month and were appalled at the hot shotty work we took pictures of it also we called him
Customer: replied 3 months ago.
asked him to meet us at the house so we could go over these atrocities and he flat out refused we paid him as he called and needed money for material and also his labor I have a copies of all the checks stubs I have his hand written bills I'm also told by someone in the area that he's already in trouble with the IRS because he does not pay taxes and apparently on his letterhead and he did not charge
Expert:  Barrister replied 3 months ago.

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.

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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.

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thanks

Barrister

Customer: replied 3 months ago.
I was told that we had nothing in writing as a contract with him that job it wouldn't stand up in court for us to sue him I just wanted to know if I should go to the trouble if that's correct or not
Customer: replied 3 months ago.
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 thank you
Expert:  Barrister replied 3 months ago.

You still have a fully enforceable oral contract...it doesn't have to be in writing...it should be, but it isn't mandatory.

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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.

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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..

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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..

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thanks.

Barrister

Customer: replied 3 months ago.
With my husband and I have to be present to bring the cell lawsuit forward in small claims court or could we have a relative represent us if I would've notarizing and give that person him permission to act in all right and I'll be half
Expert:  Barrister replied 3 months ago.

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.

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thanks

Barrister

Customer: replied 3 months ago.
Thank you
Expert:  Barrister replied 3 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting"For Barrister" in the caption and they will get it to me.

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thanks much

Barrister