legally advice?

Question

I was going to do a kitchen in my new appartm. We made a contract with a person that have a business doing kitchen. The kitchen was due to august, and we are in december now and still the person hasn't made the kitchen. We made the contract in july and the contract says that she had 3 months to do the kitchen. We talk to her because we want our money back, because we are going to pay another person to do our kitchen, but she doesn't answer our phone calls, all we get is her parent voice mail. I talk to her this week, by miracle, and she told me that she was going to give the money on thursday, but she didn't call us to give us the money. Also, she ask me if we were going to use the same kitchen design that she was going to do for us. What should I do? keep waiting? sue her? Can she sue me for making her two many phone calls per day? Can she sue me for using the same kitchen design? Thanks

Answer 1

You will need to send her a CERTIFIED LETTER demanding your payment back. Give her five days to respond and explain to her that you will be taking this through the court system if your money is nhot returned in that timeframe.....at which point you will be seeking interest on the amount you gave her as well as pain and suffering damages due to the breach of contract. Good luck

Answer 2

If you had a contract signed by both parties and the contractor hasn't met the obligations of the contract, you are due services or a refund. Tell her or write to her that you are securing legal counsel and will be taking the matter to small claims court. You don't need an attorney (but it would be wise to have one) to file for small claims, but you don't need to let this person know you are taking it to court yourself. Many times the threat of a lawyer gets people moving in the right direction.

She can't sue you for making phone calls, although she might want it to look like you are harassing her, but if she created the kitchen design you should consider using a different one just to keep her off your back. Good luck!

Answer 3

Yes, you can go to small claims court and get a judgement against her, if the amount is less than $5000. For higher amounts, you must use a lawyer and sue - that may not be worth it.

There is no guarantee that you will get your money back even if you get a judgement - it is often difficult to collect on a judgement.

She may be able to deduct for the work she did if she gave you a design for the kitchen - in that case, she did some work toward the contract.

Report her company to the Better Business Bureau -they can sometimes help, and in any case you will be for-warning others about her.

Answer 4

If someone has been ignoring you for so long, it may be necessary to file a lawsuit to get your money. If the only number you have for this person is her parents house, it doesn't exactly sound like she should be in business for herself.

She might also be acting illegally because this type of work might require a contractor's license. If she has a license, report her to the state license board. If she doesn't have a license, you might report her to the local police.