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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I would like to take someone who painted my house to court.

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I would like to take someone who painted my house to court. The total owed to me is about $750. We agreed to have the main part of my house painted three different colors and the result was that one color was wrong and every color was done in a semi-gloss finish instead of a satin finish (nothing is signed saying I wanted semi-gloss). Additionally, he made a complete mess of my house, dripping paint on just about any surface he could find including my leather couches, dogs, windows, floor, refrigerator and in places that I can not even conceive of paint being around (approx 200 pics to prove). We spent a great deal of time de-glossing the walls and repainting. Here is my problem...we decided to leave the home to be 'out of his hair' for the week during which the painting occurred and came home to the debacle. He was not allowed in my home to 'fix' the issues because he was unlicensed and I was afraid he would have an accident just to spite us. Will this be an issue, that we weren't around to supervise and therefore he had no direction?
Dear JACUSTOMER - You can file a suit for the $750 in small claims court without the need for an attorney. The court should have the forms available. If the guy was not licensed he probably will not try to defend the case in order to avoid more trouble. It would not be worth the cost of an attorney to be represented and small claims court is designed for persons with small lawsuits to act on a pro se basis. You simply would state your case to the court as you told me. I'm not certain where you arrived at the $750 but you would have to have some evidence that the amount is what it cost you to fix or repair the problems caused by the painter. The court is not going to want to look at 200 pictures so you should select a few, say 10 or 15 that represent the damage caused and submit those as exhibits in your case.
Customer: replied 4 years ago.

Main question not answered - does it matter that I wasn't here to supervise?

Customer: replied 4 years ago.
Relist: Incomplete answer.
No it does not matter since you hired this person to do a job. I assume the painter was not employed on a regular basis by you and that there was no written contract whereby you were supposed to supervise the work.
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