Should I File a Small Claims Lawsuit Against the Company?

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I live in Houston, Texas (Harris County). I recently had a bathroom sink refinished and the rep did a poor job. I contacted them the same day and asked for a different rep to fix the shoddy work. I was told that the owner would call me back. This did not happen. I called and spoke the main contact I used previously and she said she would call me back regarding scheduling. She never did. I sent emails (including one through their web page contact form), left some phone messages, and even sent a text message (she utilized phone texts on previous job questions). This was to no avail. I think I made the error on a phone text in mentioning that I did not receive a receipt for the work (and that I need the 2nd rep to bring one). That may very well have been the company’s cue to ignore me. Their web page has not physical address, and they have no formally registered business in checking with the country clerks office. Thus, I suspect they work their fleet out of a residence. I looked into filing in small claims court in my county to recoup the money spent ($175 job), but the docket lead times are 6 to 8 months out (very busy precinct). Complicating matters is the fact that I am about to put my home on the market, so I will most likely not be living the in home and not be the owner when this comes before a judge. Please advise. Thanks.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You can complain to the BBB, or notify the district attorney (the latter not likely to help), but small claims is probably your best bet. You’re just suing for money, so the fact that you’re no longer the owner shouldn’t matter–though of course if you move far enough away it’ll be an inconvenience for you to return. Or, you write off the loss to a learning experience. And either way, next time be sure to check out your contractors before you hire them.



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Author: House Attorney