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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23444
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I need to get information on how to get a deposit back from

Customer Question

Hi I need to get information on how to get a deposit back from a contractor that has not communicated with me since the order was placed. The amount I want back is $1375 - There is a receipt & contract.
JA: What state are you in? It matters because laws vary by location.
Customer: Colorado
JA: Has anything been filed or reported?
Customer: You're my first step
JA: Thank you.
Customer: I have tried many times to contact the seller but has ignored my calls. A subcontractor finally connected me with the "operations" manager that despite my having the deposit with the company, threatened me with a lein on my property? HE owes me and I want to take him to court.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that covers it.
Submitted: 20 days ago.
Category: Legal
Expert:  LegalKnowledge replied 20 days ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 20 days ago.

How long ago was the ordered placed? Does the contract have any time for performance?

Customer: replied 20 days ago.
8/5/2016 6-8 weeks to complete
Customer: replied 20 days ago.
Can you file a demand for payment or sue in small claims court?
Expert:  LegalKnowledge replied 20 days ago.

Thank you. If the contractor has failed to perform under the contract, to date, they would be in breach. If you have contacted him and demanded performance and he has failed to act or provide you any assurances or information as to the delay, then you can sue him in small claims court, based upon the amount which you seek to recover. You can start by making a written demand for payment to him and advise if he fails to respond and resolve this, you will take legal action. I have provided a link below with all the information you need to proceed as well.

Customer: replied 20 days ago.
He also threatened me with a Lein on my property- can he do that?
Expert:  LegalKnowledge replied 20 days ago.

If he has not done any work on the home, there is no basis to place a mechanics type lien on it and unless he gets a judgment against you and sues, the can not place a lien to secure the judgment.

Customer: replied 20 days ago.
Thank you for your help
Expert:  LegalKnowledge replied 20 days ago.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated Thank you.

Customer: replied 19 days ago.
I have searched the site for a "demand for payment" & cant find it. Is it described by another title?
Expert:  LegalKnowledge replied 19 days ago.

It is a straight forward letter and there is no specific form. I have provided a link for your view, so you can obtain a general idea of how to structure it, before filing suit.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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