Small claims court assistance needed

[TripleDigitRide]

I'll try to make this as brief as possible. 

I hired a guy to install tile flooring in both of my bathrooms. He was part of the 3-4 man crew who installed the hardwood flooring in my home.

Within a few days of completion, the grout lines began to crack. I made multiple attempts to fix this myself, but I was sure it came down to improper installation of the flooring. 

I contacted the installer 2 months ago - a week or two after the tile was installed. He initially attempted to come up with some lame BS excuses, before saying that someone told him to re-grout the floors, then use a grout sealer. While I was pretty sure the grout sealer wasn't going to get to the root of the problem, I agreed to let him give it a shot. He's pretty well ignored my countless attempts to reach him for a resolution.

I have tried to contact him via his phone number, his Facebook, his girlfriend's Facebook, both of his bosses, and I sent a certified letter to his home last week. He has ignored all communications, but I'm still not sure about the certified letter. I know they attempted to deliver it, but tracking information is showing 'Notice Left (No Authorized Recipient Available)". Not sure if he refused to sign, or no one was home.

I thought the small claims process was going to be fairly simple and straightforward. I went down to the local court house, and the receptionist wanted to know what kind of paperwork I wanted to fill out. I explained the situation to her, and informed her that I wanted to take the case to small claims court. She again asked me what kind of paperwork I wanted to fill out. And again, all I know is that I want to take this guy to small claims court.

After going 'round and 'round with this woman, she finally told me to contact an attorney and ask them which paperwork I need to fill out. I've called a few in my area, but none seem to be all that willing to come off with this simple bit of information. They want me hire them. I thought the whole idea of small claims was so that you didn't need to hire an attorney for a rather small amount of money.

Anyway, has anyone been though this? Anyone know which paperwork I need to be asking for? Anyone? Anything?

Edited August 4, 2015 by TripleDigitRide

[Grunt67]

 You shouldn't have to hire an atty. for that info. The clerk should be able.......and willing to help you with that.. Maybe go back & ask to speak to someone

else. If she is a deputy clerk, ask for the Clerk.

Good luck, regardless.

[Oh Shoot]

Just a note: TN doesn't have a "small claims court" per se. Things of this nature for damages under $25K are heard in General Sessions court. Or more properly, "The Court of General Sessions".

 

Perhaps those are the magic words for this lady?

 

That said, you might well still need one of them lawyer creatures for one reason or another.

 

- OS

Edited August 4, 2015 by Oh Shoot

[TripleDigitRide]

The receptionists aren't allowed to give legal advice, and it appears that telling which paperwork I need to fill out can somehow be considered legal advice.

 

After speaking with someone who has been through a similar situation, what I need to do is file a civil warrant. I'm double checking this information before I waste another trip.

Edited August 4, 2015 by TripleDigitRide

[Omega]

The receptionists aren't allowed to give legal advice, and it appears that telling which paperwork I need to fill out can somehow be considered legal advice.

 

After speaking with someone who has been through a similar situation, what I need to do is file a civil warrant. I'm double checking this information before I waste another trip.

Have you let his bosses and him know that you are willing to take it to small claims court?  If not, I would send them one last notice and if it's a business, let them know you are going to notify the BBB.  If that doesn't get them to make it right, then the hassle of small claims court is in order.  I would also get a couple of quotes to see what it will take to repair it and have that available for court.

[TripleDigitRide]

Have you let his bosses and him know that you are willing to take it to small claims court?  If not, I would send them one last notice and if it's a business, let them know you are going to notify the BBB.  If that doesn't get them to make it right, then the hassle of small claims court is in order.  I would also get a couple of quotes to see what it will take to repair it and have that available for court.

Yes, he and his bosses know that I am willing to take this to court. His bosses don't really have anything to do with this, as did this job on his own time. I only contacted them because I wanted the judge to see that I had exhausted every available option before bringing the matter to court. So far, he's ignored all attempted communications, including the certified letter that was sent last week. It looks like he has 15 days to pick it up from the post office, before they return to sender.

[tartanphantom]

Just a note: TN doesn't have a "small claims court" per se. Things of this nature for damages under $25K are heard in General Sessions court. Or more properly, "The Court of General Sessions".

 

Perhaps those are the magic words for this lady?

 

That said, you might well still need one of them lawyer creatures for one reason or another.

 

- OS

 

This. There is no "small claims court" in TN.

In General Sessions court an individual can represent themselves, but a business entity (corp, llc, non-profit, limited partnership as examples) cannot. However, the allowance for individual representation may be subject to requirements or limitations by your specific county-- so depending on where you live, you might need a lawyer, and you might not.

Edited August 4, 2015 by tartanphantom

[Handsome Rob]

Also, it's worth checking with your county the minimum amount you can sue for. I know each county had it's own minimum limit & if it falls below that minimum (commonly $1000) they won't even entertain a suit.
If this is the case, I'm not sure how you pursue the claim....

Anal.

[VERO1]

Man I'll bet you were pissed when you left the clerks office!

[A.J. Holst]

Cracking grout joints are a indicator of improper substrate prep or failure to observe perimeter joints...where is it cracking? Is it installed on slab or over plywood? Grout sealer will NOT fix it.

A complete demo and reinstall with proper prep is typically 3-4 times the original cost Edited August 4, 2015 by Gotthegoods

[Dustbuster]

The receptionists aren't allowed to give legal advice, and it appears that telling which paperwork I need to fill out can somehow be considered legal advice.

After speaking with someone who has been through a similar situation, what I need to do is file a civil warrant. I'm double checking this information before I waste another trip.

Yes and it will get filed by you in general sessions court. Then you need to get someone to serve the floor guy w a copy of the summons that has a court date on it. Then you go to court on the preset date and present your case to the judge. If your guy doesn't show you may win a default judgement. But you have to find him and get him served regardless. U can contact me off list and I'll help any way I can if needed
Hth

[Jonnin]

Cracking grout joints are a indicator of improper substrate prep or failure to observe perimeter joints...where is it cracking? Is it installed on slab or over plywood? Grout sealer will NOT fix it.

A complete demo and reinstall with proper prep is typically 3-4 times the original cost

^^^^

you need to get someone *else* (2,3 of them..) to look at it and give you estimates to fix it.  Pictures and stuff.   Drag all that with you ... you only get one shot to prove yourself.

[Trekbike]

Cracking grout joints are a indicator of improper substrate prep or failure to observe perimeter joints...where is it cracking? Is it installed on slab or over plywood? Grout sealer will NOT fix it.

A complete demo and reinstall with proper prep is typically 3-4 times the original cost

Agreed. The thing is, does this guy have the money pay for the repairs even if you win in court?

[peejman]

Agreed. The thing is, does this guy have the money pay for the repairs even if you win in court?

 

 

A significant point to consider.  If the guy can't afford to do the work, declares bankruptcy and bails, you will gain nothing by suing. 

[VERO1]

Does a judgement in Tn give you the power to garnish their wages? In Florida it does allow it, as well as having the sheriff to auction personal property to satisfy the judgement.

[Dolomite_supafly]

Not sure if it is possible but maybe you can put a lien on the work vehicle for the amount you paid.

If there is one resin I hate in the whole system it is the court clerk they refuse to answer any questions, like the form you need, and act like they are gods. I can honestly say that the court clerk for our county is the biggest idiot I have ever met which is saying a lot.

She refused to let me file s criminal complaint when we were threatened to be killed. She said I needed to file a civil case for slander when my brother was threatening to kill us.

Then when I was explaining to her that some idiot posted our address, phone number and a time to come rape my wife she laughed about it. She thought my wife being raped was a funny joke and when I asked why she was laughing she made some BS excuse them refused to even talk to me and said I needed to hire an attorney.

[tartanphantom]

Does a judgement in Tn give you the power to garnish their wages? In Florida it does allow it, as well as having the sheriff to auction personal property to satisfy the judgement.

 

Wage Garnishment is permitted in Tennessee... but they have to have wages to attach first. My guess is that, judging by the "floor guy's" general business practices, I would bet that he probably does the bulk of his business "off the books" so that he can claim a loss on his taxes (if he even files them), so there's probably not really much to attach. This is a particular problem with trying to attach wages of people who are self-employed.

 

One thing to understand is the difference between a debt and a judgement. Technically, obtaining a judgement legally "satisfies" the monetary debt claim itself. The challenge is actually recovering proceeds to satisfy the judgement. Often times if there are no wages to attach, then judgement liens are attached to real property or titled property (house, car, stock holdings, levy on bank account, etc.). Once a judgement is granted in General Sessions, it is usually up to the winner of the suit to pursue remuneration. Easier said than done in many cases. Getting a judgement is the easy part... squeezing the money out of it is a different matter altogether-- especially if you do not use an attorney who is well-versed in asset search and recovery. Additionally, it's important to seize or recover as much as possible as soon as possible... because when you start attaching wages or putting liens on assets, the next traditional move is for the individual or entity to file for bankruptcy... which will pretty much negate any further recovery efforts.

Edited August 5, 2015 by tartanphantom

[TripleDigitRide]

Thanks for the helpful information, fellas. At this point, I will gladly pay the $177.50 and use a vacation day, if it means this guy will have to lose a day of work and squirm a little bit. The whole ordeal is so ridiculous. I gave him every opportunity to make it right. I can't figure out if someone is giving him some crappy advice, or if he's just this much of a scumbag. If it's the latter, he sure did have me fooled. He really seemed like a nice, genuine dude. Ah, it is what it is.   

Edited August 6, 2015 by TripleDigitRide

[Dustbuster]

just remember, you have to get him served.....


Sent from my iPhone using Tapatalk, Hell yeah it ate my spelling!!! again!!

[TripleDigitRide]

Yes. According to the clerk's office, they will serve him. I know that's sometimes easier said than done. I know where he lives, so hopefully that will help. We'll see. I'm just so damn aggravated.

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