Filing a small claim - need help

[TripleAAA]

The post regarding the problem can be found here with pictures, etc. Fence Problem

I'm getting ready to do a small claim, but was wondering about a few things:

Do I write it in 3rd person? (ie. the Plaintiff (myself) wants to sue the Defendant, etc)

I know I'm supposed to keep it simple, but should I mention all the problems with the fence in the claim or bring that up in court or both?

Can I also request in the claim that the fencing contractor be "unable to collect payment" for the fence?

Cliff Notes from other post:
-Bought a fence, the contractor did a horrible overall job (see pics if you want)
-Planning to sue contractor for costs of removing/disposing fence
-Contractor threatens to take me to court over not paying him for the fence.

 

[EagleKeeper]

Go to the local small claims court. The clerk there should be able to give you advice on the proper terminology.

You will need to pay the filing fee (which will be refunded if you win) and also detail specifics on the remedy that you are requesting.

ie. Fence built to code or removed.

 

[crt1530]

Lawyers aren't allowed in small claims. Don't worry about trying to use legalease. Just use proper English and be respectful in court. I would have bids from three other contractors stating that the fence is shoddy craftsmanship/unsafe/not up to code and how much they would charge to tear it down and replace it. I would also request damages for the middle bid price. I'm assuming that this amount will be higher than what you were originally supposed to pay (it'll be more work). Assuming you win, the original contractor has to pay you X and you have to pay him Y. Since X>Y, you are money ahead and can hire a new contractor to build your fence.

In the future, remember that doing a small amount of effort researching your contractors before you sign anything will make a big difference.

 

[TheKub]

Originally posted by: crt1530
Just use proper English and be respectful in court.

So calling the contractor a big dodo head would be a bad idea.

Also, don't go in thinking that you're going to get this guy to pay you to have someone else build the new fence, becasue you have not paid him a dime. Your best results would be he fixes the issues (the ones the court deems his fault) or he takes the fence down and voids the bill. Former being much more likely.

 

[TripleAAA]

Originally posted by: TheKub

Originally posted by: crt1530
Just use proper English and be respectful in court.

So calling the contractor a big dodo head would be a bad idea.

Also, don't go in thinking that you're going to get this guy to pay you to have someone else build the new fence, becasue you have not paid him a dime. Your best results would be he fixes the issues (the ones the court deems his fault) or he takes the fence down and voids the bill. Former being much more likely.

The latter is what I'm trying to request. Honestly seeing how this guy builds fences, why would I want him to rebuild it again? I just want to cover the expenses of removing the fence. Since I haven't paid him anything, the money that would have go to him will go to another contractor.