unscrupulous contractors (Dover: how much, lawyer, cost)

[from PA]

We had a deck built two years ago and have had lots of major concerns with it ever since. Little by little we are having them fixed but every time we turn around , something else is wrong.
We interviewed three contractors before we chose the winning bidder.
We checked his references and also drove around to see his work before we hired him.
The deck was approved by the county and we thought everything was fine.
When the problems occurred, our contractor just turned his back even though he promised he would take care of any problems. He has not returned any of our calls nor has he responded to the inquiries of the BBB.
Is their a small claims court system in DE? IF so is two years too late to file a claim? Any recommendations will be appreciated.

[elizamary]

Originally Posted by from PA

We had a deck built two years ago and have had lots of major concerns with it ever since. Little by little we are having them fixed but every time we turn around , something else is wrong.
We interviewed three contractors before we chose the winning bidder.
We checked his references and also drove around to see his work before we hired him.
The deck was approved by the county and we thought everything was fine.
When the problems occurred, our contractor just turned his back even though he promised he would take care of any problems. He has not returned any of our calls nor has he responded to the inquiries of the BBB.
Is their a small claims court system in DE? IF so is two years too late to file a claim? Any recommendations will be appreciated.

Hi Pa..........Do you have documentation of all the times you tried to get in touch with him by phone calls, letters, notice from BBB and anything in writting.
I am not educated on these matters but it would seem if you have tried to get him to come out and fix his work then you may have a case in small claims court.
How about writing to Judge Judy. She would throw the book at him.
Just a few of my thoughts.

[Laural]

Originally Posted by elizamary

Hi Pa..........Do you have documentation of all the times you tried to get in touch with him by phone calls, letters, notice from BBB and anything in writting.
I am not educated on these matters but it would seem if you have tried to get him to come out and fix his work then you may have a case in small claims court.
How about writing to Judge Judy. She would throw the book at him.
Just a few of my thoughts.

I'm a Marilyn Milan (Peoples Court) fan myself. Boy you can learn a lot from these shows. So far what I have found is if you have a written contract the statue of limitations is 3 yrs, oral is 2 yrs. So still might have a chance. Elizamary is right about the documentation, the more the better. You should get an estimate from at least 2 other deck companys on how much it would cost to fix the original deck guys work, and take lots of pictures of the shoddy workmanship. With that in hand you will have a great shot at winning your case. If you can you might try to get a free consultation with a lawyer just to see what they say. Good luck too you.

[from PA]

Hi Laural,
and thanks for the good advise. Three years, we have some time then because our contract was in writing.. It's a shame the guy just didn't come back and fix things . We gave him ample opportunity to do so. We were a lot fairer to him than he has been to us.

I think my question was misinterpreted so I'm gonna repharase.

Does anyone know the procedure in DE, in particular Kent County for filing a claim. In PA we had district courts , much like Judge Judy etc. where you could file a claim without an attorney. I think the system works differently in DE. Since we've never had to file such a complaint, just thought there were others who could point us in the right direction here in DE and not on national TV.

[rdlr]

PA....
Justice of the Peace Court 16, 480 Bank Lane, City of Dover is the building to visit. It's located at the west end of Bank Lane, near West Street, which runs along the railroad tracks. Explain what you are attempting to achieve, and they will give you the proper forms to complete. Take a check. I've filed claims there (small claims court) with great success. First State Judiciary - Justice of the Peace Court Welcome!

[from PA]

Originally Posted by rdlr

PA....
Justice of the Peace Court 16, 480 Bank Lane, City of Dover is the building to visit. It's located at the west end of Bank Lane, near West Street, which runs along the railroad tracks. Explain what you are attempting to achieve, and they will give you the proper forms to complete. Take a check. I've filed claims there (small claims court) with great success. First State Judiciary - Justice of the Peace Court Welcome!

Great link loaded with information rdlr. Thanks.

[Laural]

Originally Posted by from PA

Does anyone know the procedure in DE, in particular Kent County for filing a claim. In PA we had district courts , much like Judge Judy etc. where you could file a claim without an attorney. I think the system works differently in DE. Since we've never had to file such a complaint, just thought there were others who could point us in the right direction here in DE and not on national TV.

Well why didn't you say so LOL I could have looked that up instead. Hey don't knock national tv, I think both sides come out with cash, and you can become a local celebrity.

[from PA]

Nah...not l'il old me..... the only time I was in court was to fight a traffic ticket.

I was going 67mph UPHILL in a 25mph zone. I was dead wrong, got no sympathy from my husband and I still fought the ticket anyway. The officer said "I can't believe you are here fighting this. I had trouble catching up to you." I told him it was my first offence and was extremely sorry but I was thankful that he made me aware of my aggressive driving. He let me go because he knew I was sincere and shaking in my boots.That was without being in front of a camera or the judge.

BTW...the reason I was unaware of the speed I was going...I was driving to the beat of the song "use me up" . Now I pay attention to speed limits and my speedometer while listening to my favorite tunes.

[Laural]

Oh my gawd your a riot!!!

Originally Posted by from PA

Nah...not l'il old me..... the only time I was in court was to fight a traffic ticket.

I was going 67mph UPHILL in a 25mph zone. I was dead wrong, got no sympathy from my husband and I still fought the ticket anyway. The officer said "I can't believe you are here fighting this. I had trouble catching up to you." I told him it was my first offence and was extremely sorry but I was thankful that he made me aware of my aggressive driving. He let me go because he knew I was sincere and shaking in my boots.That was without being in front of a camera or the judge.

BTW...the reason I was unaware of the speed I was going...I was driving to the beat of the song "use me up" . Now I pay attention to speed limits and my speedometer while listening to my favorite tunes.

[movn2del]

Originally Posted by rdlr

PA....
Justice of the Peace Court 16, 480 Bank Lane, City of Dover is the building to visit. It's located at the west end of Bank Lane, near West Street, which runs along the railroad tracks. Explain what you are attempting to achieve, and they will give you the proper forms to complete. Take a check. I've filed claims there (small claims court) with great success. First State Judiciary - Justice of the Peace Court Welcome!

Great information. Thanks.