Small Claims Assignment

Fact Pattern

You live in Plainfield, NH. Your neighbors have filled their yard with junk and you have decided that you don't want to look at it anymore. You hire Dunn-Right Construction, Inc. to build a wooden fence so that you don't have to look at your neighbor's yard.

You give Dunn-Right Construction, Inc. an initial payment of $1,000. The work is supposed to begin on Monday. The balance of payment is due when the fence is complete.

On Monday you anxiously await the arrival of the crew and no one shows up. You call the owner of the company and he tells you that he is stuck on another job, but he will certainly be there by Wednesday to build the fence. Wednesday comes and goes and there is no sign of the construction crew. You call the company repeatedly. No one answers your calls and no one returns your voicemails.

Much to your surprise, the following Monday trucks pull up in your yard and the crew begins to work. You head to your morning yoga class, happy that the work is finally getting done. You return at lunch time. The crew has left to get lunch.

The fence is partially constructed, but you see that it is not a wooden fence. It is a chain-link fence and you can see right through it into your neighbor's yard, defeating the entire purpose of the fence.

The crew comes back from lunch and you promptly fire them and demand your money back. The owner explains that he cannot give you your money back, because he has to pay his crew for their work and has to pay for the materials he used on your fence. He argues that the chain-link fence is professionally installed and that he has earned the $1,000 you paid him. He has no intention of returning your money to you.

You decide that suing is your only option. You consult an attorney and learn that it will cost you more than $1,000 in legal fees for the attorney to handle it. Fortunately, you remember from your Business Law class that you can file a case in small claims court to try to recover your money.

Assignment

Submit a report describing the steps you will take to properly file your case. Make sure that you also address the following:

• -What is the proper venue for your case?
• -What is the filing fee for your case?
• -Can you have a jury trial for this case? Why/why not?
• -Is mediation required? Why/why not?
• -How is the defendant notified of the case?