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We had a floor company come to the house in April. They gave…

Customer Question
We had a floor...

We had a floor company come to the house in April. They gave a

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Indianapolis, Indiana. We had a floor company come out to the house in April to give us a price on flooring. I paid half of the total cost at the time. They came out and torn the kitchen, and bathroom up in places and left. They have called me 8 time and made appointment to come out and lay the floor and each time they cancel the day before they come. My question is, can I get my money back and take them to small claim court for the damage to the floor. Oh, I forgot they are going out of business

Lawyer's Assistant: Has anything been filed or reported?

I field a claim in small clain court yesterday. Case come up on Oct 4

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just wondering if I go to small claim court, do I lose my money I paid them or does it matter

Submitted: 1 year ago.Category: Legal
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9/13/2016
Lawyer: Richard, Attorney replied 1 year ago
Richard
Richard, Attorney
Category: Legal
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Lawyer: Richard, Attorney replied 1 year ago

Yes, you should easily prevail in a small claim court case because they are clearly in breach of contract. But, I would suggest you raise the stakes on them. Amend your filed complaint to include causes of action for fraud and deceptive trade practices. These additional causes of action will entitle you not only to get your money refunded,, but also entitle you to an additional amount equal to multiple times your actual damages as punitive damages. In my experience, these additional causes of action will cause them to refund your money prior to the hearing to avoid the risk of punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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