Consumer Protection Law

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Consumer Protection Law

Mr. or Ms. Lawyer I have a situation where I paid a general

Customer Question
Mr. or Ms. Lawyer— I have...
Mr. or Ms. Lawyer—
I have a situation where I paid a general contractor about $2,500 hundred dollars to paint the interior
of my home and to erect a fence in my back yard. Now that the contractor’s work has been completed,
And I have communicated to him many times about the issues associated with his work, he denies doing anything
wrong and does not want to fix any of the problems I have identified. Much of his work was not done properly
And based upon what I paid him, I feel like I have been ripped off. Also, I now don’t even know if he is
legally licensed to do business in El Paso County or Colorado Springs.

What do you see as my legal options: Should I take this case to County Court or the Small Claims Division? If not, what are my other legal options?

If I did somehow take the contractor to court and won, what fees or amounts will I recover? Will the contractor have to pay my legal fees?

What experience do you have handling legal matters like mine?

Do you have any special credentials in this practice area? Are you certified as a legal specialist for these kinds of cases?

If you were the lawyer I hired, would you be to lawyer actually representing me in court or will it
be assigned to another lawyer or paralegal?

Do you carry malpractice insurance?

If I did hire you, would I have a written agreement for representation that I can read beforehand?

How will you charge me for your legal services?

Do you charge by the hour, a flat fee for a particular service, or a contingent fee (a percentage of my settlement or judgment)?

Will you send me a bill? How frequently?

If you charge an hourly rate for your services, how will I be billed for portions of an hour?

Will I be billed for email and phone calls to you or members of your staff?

Is an advance payment or a deposit required at the time we agree that you will represent me?
If so, will the money be held in a trust account?

When will the money be paid to you for your services?

If I terminate your representation before my matter is resolved, what will happen to any money?
That I advanced you that have not been spent on legal services?

Will I be charged for expenses or overhead and, if so, what expenses should I expect and how will you charge me for overhead?

If you charge a contingent fee, what services does the percentage fee cover?

Who will be my primary contact person with your firm and what is his/her position with the firm?

What is the best way to communicate with you (letter, phone or email)?

How will you inform me of any news or developments about my case?

Will I receive copies of documents, such as correspondence and anything that you file in court?
throughout your representation?

If I email for information, when can I expect a return email?
Jenny.
Submitted: 6 years ago.Category: Consumer Protection Law
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Answered in 2 minutes by:
3/8/2011
Consumer Protection Lawyer: Jane Doe Deer, Attorney replied 6 years ago
Jane Doe Deer
Jane Doe Deer, Attorney
Category: Consumer Protection Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English explanations; Scams, cons. protection, etc.
Verified

Thank you for contacting Just Answer. I look forward to assisting you. If you started this question in "chat" mode I may have switched you to "question and answer." I sometimes have technical problems getting "chat" to work for me, plus it's hard to read and write in that mode.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

Can you please tell me in which state and county you live? Is that where the work was done?

 

Just Answer attorneys do not accept or represent clients. We only answer legal (and other) questions.

 

I'll look forward to hearing from you,

 

Jane Doe Deer

Ask Your Own Consumer Protection Law Question
Customer reply replied 6 years ago
I live in California, but my property where the work was done is in Colorado State, El Paso County.
Customer reply replied 6 years ago

Where the work was done is in Colorado Springs, Colorado. and it is in the El Paso ounty. I living in California state.

Thank you.

I am trying to figure how the "accept" process work. I don't find any where in the screen to press the button.

Consumer Protection Lawyer: Jane Doe Deer, Attorney replied 6 years ago

All right, thanks so much for the clarification. And I know how hard it is to do things when you're out of state.

 

What I suggest is that you start with a dated, signed, certified/return receipt letter to the contractor, listing what is wrong, and giving him a deadline for completing the additional work. Keep copies of everything, of course.

 

If that doesn't do the trick, and it probably won't, the next step is to contact the state licensing agency that licenses CO contractors. You can file a complaint with them. I'd start here: http://www.colorado.gov/oed/industry-license/32IndDetail.html

 

If you're unable to file a complaint with that office for some reason, you can always file one here: http://www.coloradoattorneygeneral.gov/

 

No matter which of these state agencies you file with, you can now provide a copy of your certified letter, which will demonstrate that you made a good faith effort to resolve this matter before filing the complaint.

 

One of these agencies should be able to help you, and the cost will be minimal (probably just phone calls and postage).

 

But, if not, there's still Small Claims Court, depending on how much is at issue. http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/9 It sounds as though your case is small enough that you can use SCC.

 

If you file in SCC (or any other court), be sure to ask to be compensated for the cost of filing, service of process, and interest. Ask to "appear" by telephone if you can't fly to Colorado to appear in court; most courts allow this if you ask in advance.

 

You asked many questions, so please let me know if you have any more questions for me today.

 

Thanks so much,

 

Jane

 

 

Jane Doe Deer
Jane Doe Deer, Attorney
Category: Consumer Protection Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English explanations; Scams, cons. protection, etc.
Verified
Jane Doe Deer and 87 other Consumer Protection Law Specialists are ready to help you
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Jane Doe Deer
Jane Doe Deer
Jane Doe Deer, Attorney
Category: Consumer Protection Law
Satisfied Customers: 3,896
3,896 Satisfied Customers
Experience: Attorney since 1986; Plain English explanations; Scams, cons. protection, etc.

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