Legal Question in Civil Litigation in Georgia

I hired a person to grind 14 stumps in my yard. The same company cut the trees 2 years prior, so I trusted them. They came out to start the job and after three stumps the grinder broke down. He asked for $300 upfront so he could take the part in and have it repaired (since it was a Saturday). Since I had used this company twice before, I felt I could trust him. It has been three weeks and a multitude of calls later and the grinder is still in my backyard and the person has not returned. We have told him to come get his grinder and to bring us $200 of the $300 back. He always says he will be there tomorrow but never shows. Do I have any recourse since his machinery is still in my backyard? It is probably a $40,000-$60,000 Vermeer Stump Grinder.

Thanks.


Asked on 10/22/10, 4:41 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You can take him to small claims court and sue him.

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Answered on 10/27/10, 5:39 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Your post is not clear as to whether the $300 is the total cost of the job, or just the advance you gave him. If that is the full payment and he only did 3 of 14, you can certainly decide that your time and money are worth pursuing a lawsuit against him (then more time spent trying to collect). Many people might simply choose to keep asking for the money, and telling him that if dies not pick up the grinder, you will move it to the side of the street for him to pick up. You need to give him very clear notice of this, and sufficient time to come and get it. I expect he will act quickly to pick it up and perhaps refund some money. Then you move on to someone else. It is not likely worth a big legal dispute.

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Answered on 10/27/10, 7:51 am


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