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I HAVE A NEIGHBOR WHO IS A CONTRACTOR THAT I HIRED TO DO…

I HAVE A NEIGHBOR...

I HAVE A NEIGHBOR WHO IS A CONTRACTOR THAT I HIRED TO DO SOME WORK FOR ME. HE FINISHED MOST OF IT BUT NOT ALL OF IT. I ALSO STRUCK UP A FRIENDSHIP WITH HIM, HE'S TELLING ME HE IS A SINGLE FATHER TRYING TO RAISE HIS 8YR OLD DAUGHTER AND TRYING TO START UP HIS OWN BUSINESS. I MADE THE MISTAKE OF PAYING HIM AHEAD OF TIME FOR SOME OF THE WORK AND I ALSO BORROWED HIM $5000.00 IN CASH NOW THAT I TOLD HIM I HAVE NO MORE MONEY TO BORROW HIM HE WANTS NOTHING TO DO WITH ME AND WILL NOT FINISHED THE JOB I PAID HIM FOR. MY QUESTION IS CAN I TAKE HIM TO COURT, SMALL CLAIMS MAYBE. WOULD IT DO ME ANY GOOD

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

I,M SORRY ILLINOIS

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

NO NOT YET

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Answered in 2 minutes by:
11/14/2017
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,419
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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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

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Good afternoon. How much would you seek to recover from him?

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Customer reply replied 8 months ago
At least $3500.00

Thank you and please allow me a moment

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Yes, you can sue and go after him, for the money owed. In small claims court you can handle your personal or business legal matters without an attorney.

Completing the Forms

Eight Step Process

  1. Go to the courthouse. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin the lawsuit.

  2. List your name as the plaintiff. You are the person filing the lawsuit.

  3. The party you are suing is called the defendant. Make sure you have the correct name and address of the defendant. If the papers can't be delivered to the defendant, you might have to start over and pay additional fees.

  4. List the amount of money you request as damages.

  5. Include a brief explanation about why you are suing the defendant.

  6. The clerk will assign a number to each small claim case. Write down the number and refer to it in all dealings with the clerk and sheriff.

  7. If you should change your address after you file your case or your appearance, be certain to notify the clerk and the opposing party of your new address. This applies if you change your phone number as well.

  8. All small claims court sessions are open to the public. You may attend any of these courtroom proceedings to familiarize yourself with the procedures.

After completing the forms, they must be filed with the court. You will be charged a filing fee which differs from county to county. The filing fee must be paid in advance.
Copies of the forms must then be "served on" or delivered to the defendant. Many counties allow service by regular or certified mail if the defendant lives in that county. The court will mail the forms for you, but will require a fee for this service.

    Preparing Your Case

    In preparing your case, keep in mind that your proof must be more convincing than the other side's evidence. Consider the following:

    • Think about how you are going to prove the defendant owes you money. Start by making a detailed list of what happened so that the facts are clear in your mind.

    • Gather all written information and paperwork that pertains to the situation--contracts, rental agreements, receipts, order forms, warranties, cancelled checks, or credit card statements.

    • Talk to people who may have witnessed important aspects of the dispute. For example, if you are suing your landlord for the return of your security deposit, ask a neutral person to testify concerning the condition of the rental unit when you started renting and when you left.

    • If you are suing on the basis of defective merchandise or faulty repairs, it may be very helpful to have an expert witness testify on your behalf. You might present a notarized written statement from an expert concerning the nature of the defect and the decrease in value due to the defect. However, if it becomes necessary to go to trial, you'll have to get the witness to testify in person. Full-time mechanics with several years of experience qualify as experts.

    Going To Court

    After your claim is filed, the court will probably set a date to review the facts in your case. Many small claims court cases are settled at this time, so come prepared to argue your case. All cases are heard by a circuit court judge and will be decided by the judge if both parties cannot reach an agreement.

    Collecting the Judgment

    • If you win the case, ask the court to include court costs and any money you spent as part of the settlement. The court can require reimbursement for such fees as: the money paid to file the action, the cost to have the summons and complaint mailed or personally served, and any attorneys' fees.

    • A judgment will be entered in court stating what the opposing party owes you. In many cases, the opposing party will pay the judgment immediately. In other instances, you may find it necessary to take further informal action or consult an attorney who can proceed with more formal legal steps to collect the debt. The court will not force the defendant to pay what is owed you.

    • The court will order the debtor to provide a disclosure statement to you or to the clerk of the court within 15 days of entry of the judgment. The statement must contain the debtor's name and address, his or her employer and the employer's address, any real property owned by the debtor, cash on hand and financial institutions in which the debtor has funds.

    • If you are unable to satisfy the judgment by contacting the other party, contact the clerk of the court that heard your case. From the clerk, you can obtain the forms necessary for garnishment proceedings--if the other party receives wages or has bank accounts.

    • Remember, there is always the possibility that the small claims court will not rule in your favor. Carefully consider all your options before proceeding with a lawsuit. If you do decide to bring a lawsuit in small claims court, prepare carefully to increase your chances of success.

    Ask Your Own Legal Question
    Customer reply replied 8 months ago
    One more question. I didn't get anything signed regarding the loan but I do have a large number of text messages where he asked for the money and admits he still owes me. Will that be a problem in court

    You are welcome. You can use those texts and your own testimony, to show and support what the agreement was and that he owes you this money, since he did not complete the job as agreed and took money ahead of time. 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.

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