If you didn’t have a written contract with the contractor, you can still sue, but the amount of money you can get may be limited. It also may be difficult to prove the existence of an agreement to perform particular work in the absence of a written contract. Consult an attorney to discuss your options. To sue the contractor, you must use the contractor’s legal name. Even if you knew the contractor by their individual name, they may have an official business name registered with your state. If that name isn’t included on a written contract, search the business name directory on the website of your state’s Secretary of State. Gather any invoices, receipts, or cancelled checks you have that are associated with payments you made to the contractor.
Look for these deadlines on the website for civil courts in your state. You could also call the small claims court clerk’s office, or go to a public law library or legal self-help center at your local courthouse. If the contractor violated a written contract, you typically have several years to file your lawsuit. If you’re arguing the contractor was negligent in completing the work for you, on the other hand, you may have less time.
One way to find out the amount of damages to which you’re entitled is to go to the website of the board or agency that licenses contractors in your state. Information is also available on the state court’s website, at a public law library, or at a legal self-help center. In some states, small claims courts can handle claims of up to $10,000. However, many states limit recoveries in small claims to $5,000 or less. In most cases, you can’t get around this limitation by claiming less money than you’re entitled to by law. If you’re not eligible to sue in small claims, you can still sue in your state’s civil court. The only difference is that the process is somewhat more complicated and it may take more time to resolve your issue.
Particularly with contractors, your state’s law may require that you give them the opportunity to fix any problems before you sue them. The board or agency that licenses contractors will have more information on these requirements. Be specific about the problem and what you want the contractor to do to resolve it. Attach any photos or documents that support your demands. Give the contractor a deadline to respond. Two weeks from the date of receipt is typically sufficient. Send the letter using certified mail with return receipt requested. That way you’ll know when your letter was received.
Some courts also make small claims court forms available for download from the court’s website. Forms can differ among courts even in the same state, so get the forms for the specific court where you’re going to file your claim. Usually this is the small claims court in the county where the work was done.
Pay the filing fee, typically under $100. If you can’t afford the filing fee, ask the court clerk if you can apply for a fee waiver. The court may waive your fees if you have a low income, or if you receive certain types of public assistance, such as AFDC or food stamps.
You’ll have to pay a small fee to have the contractor served, typically around $20. Sheriff’s departments in some areas waive this fee if you’ve been granted a fee waiver by the courts. The contractor will receive a summons to appear in court, as well as a copy of your claim. You will be notified when the contractor has been served with those papers.
Small claims court is less formal than civil court, but you should still dress in neat, conservative clothing. The clerk’s office may have information on appropriate court dress and conduct. Take a seat in the gallery and step forward when your name is called. If the contractor doesn’t show up on the court date, you may win your claim by default. In some courts, you still must prove to the judge that you’re entitled to the specific amount of money you’ve claimed.
Generally, your total claim must be below a specific dollar amount to be eligible for small claims court. In some states this is only a few thousand dollars, but in others it can be as much as $10,000. Usually you can only sue for money in small claims court. If you want the contractor to do something, you may have to file your lawsuit in civil court. For example, suppose the contractor did work on your house that they promised was up to code. Later, your house failed inspection. You would typically have to sue the contractor in civil court, rather than small claims, if you wanted them to come back and do the work necessary to bring it up to code.
Most attorneys offer a free initial consultation. Take advantage of this opportunity to speak with 2 or 3 attorneys before you make your final decision on who to hire. Look for an attorney who is relatively established in your local area and has experience with lawsuits similar to yours.
The name of the court to use differs among states, but you’re looking for the lowest civil court level. It may be called the county court or the district court. You’ll almost always sue a contractor in state court. You can’t use federal court for these kinds of cases unless the contractor is located in a different state and you’re asking for more than $75,000 in damages. [10] X Research source
Through the complaint, set forth the facts of the dispute that you believe constitute a violation of state law. A lawsuit against a contractor typically alleges either that the contractor breached their contract with you in some way, or that they were negligent in completing the work. Contact the court clerk to find out if there are forms you can use. Your court may have a legal self-help center that can provide you with forms and assistance. You also may be able to download forms from the court website. Get forms that are valid for use in the court where you’ll be filing your lawsuit.
The filing fee in civil court is typically several hundred dollars. If you’re not able to pay the filing fees, ask the clerk for a fee waiver application. The application requires information about your income and finances, and you may have to appear before a judge. The clerk will file-stamp your documents and give the copies back to you.
The fee to have the documents served is typically around $20. Once service is complete, file your proof of service document with the court. Sometimes the sheriff’s deputy will take care of filing this document for you, but ask beforehand. In addition to serving the contractor, you may also have to serve a copy of the forms on the licensing board or agency in your state. That board or agency will have information on whether they must be served. If the contractor was bonded and you want to go against the bond, have the court papers served on the company that holds the bond. Contact information for the bond company should be included in your work contract.
Through this process, both you and the contractor gather evidence and information about the case. You may have formal interviews of the contractor and their employees. The contractor (or their attorney) may interview you as well. These interviews are called “depositions,” and take place under oath with a court reporter present to transcribe the proceedings. You also may request documents from the contractor, including contracts and records related to your dispute.
Organize all of the documents, photos, and other evidence you want to use in trial. If you’ve never been to a civil trial before, go to the court house and watch one so you can gain familiarity with court conduct and procedures. Often, civil cases are settled at some point during the discovery process. The contractor may make a calculated decision that it’s better to pay you at least some of what you’ve demanded rather than facing the uncertainty of trial.
In some states, licensed contractors are required to include this clause in all contracts. The state licensing board provides the arbitration or mediation service for contractor disputes.
Most licensing boards have online directories where you can quickly check the status of your contractor’s license, or you can call the licensing office. If contact information isn’t included in your work contract, search online for “contractor license” with the name of your state. Some states have arbitration and mediation services available for free, or at a reduced rate. These services typically are only available if your contractor had a license in good standing when they entered the contract with you. Use the online directory to verify your contractor’s license status, or call the licensing board directly.
If you get started as soon as you discover the problem, you shouldn’t have any difficulties. There may be a deadline in your contract that could give you trouble if you delay. Your state licensing board also may have its own deadlines, after which you can’t recover money for your dispute. The licensing board may have its own arbitration or mediation program. These programs typically provide a low-cost alternative to resolving disputes outside the court system. It’s worth contacting the service you plan to use before you fill out an application. Find out if there are specific criteria your dispute must meet to qualify for their services, and how much it costs to use them.
You may be required to provide a copy of your work contract, and any receipts or other documents related to the work.
If the service declines to resolve your dispute, your notice will explain why your application was denied. If you believe the denial was in error, you may be able to submit additional information to demonstrate that your dispute qualifies under their rules. You may also be able to file a lawsuit, provided you do so before your state’s deadline for filing lawsuits against contractors.
The rules for evidence typically are more relaxed than those you would encounter in court. However, there will still be rules you’ll have to follow. For example, if you have witnesses, they can only speak to information they know first-hand – not something they heard from someone else.
Arbitration hearings usually have procedures similar to an actual trial. A mediation, on the other hand, involves negotiation between you and the contractor, with the mediator acting as a go-between to help you arrive at an agreement. You may want to have an attorney to represent you. Unlike in court, you may not be able to get attorney’s fees from the contractor, even if you prevail.
