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LawTalk, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37639
Experience:  I have more than 25 years experience in the legal profession.
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We had an issue with a contractor that provided services

Customer Question

Hi, we had an issue with a contractor that provided services for our house and we want to go to Small Claims Court. We are filling the paperwork and we have a few questions about the Warrant in Debt - Small Claims Division form. How should we answer this
question? What does it mean? - "Homestead Exemption Waived? [ ] Yes [ ] No [ ] cannot be demanded" Also, in the Defendant field, can we add the name of the Company? or should it be the name of the Owner of the Company? Thanks.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
If you live in the home as your primary residence and the contract didn't require you to waive your homestead status, then you will mark no, the homestead status is not waived. The homestead protects up to $20,000 equity in your home from creditors.
The defendant can be the owner if they are not a corporation or an LLC. If they are a corporation or an LLC you need to name the company.
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