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What do I need for small claims court?

Good Morning, A construction company that was hired to build a retaining wall ended up leaving the wall incomplete as they built it too close to the shed. In addition, they have made the shed base unsteady. I tried to go through the Better Business Bureau, but the company was uncooperative and provided no pictures of their work. I sent the pictures I took after the fact. I was advised that BBB would only be able to provide help to a certain point. Is there someone who can take a pro bono preliminary look at my case and tell me if I should pursue this in small claims or some other way and what do I need to do? Thank you A

1 reply

May 3, 2020

This appears to be a residential contract. If so, the contractor may have been, and should have been, licensed through the MHIC (Maryland Home Insurance Commission). The homeowner can make a complaint with MHIC, it costs nothing, and s/he may be able to obtain payment through them.

Small claims depends on the amount. They can fill out an affidavit complaint, which means if the contractor does not contest it either by filing a notice of intention to defend or by appearing, then the court will order a judgment against the contractor. If it is contested, then the homeowner appears at a trial, usually within 3 to 6 months when the courts re-open, and proves their case.

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