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whats my next step

OhioMechanics Lien
Anonymous Contractor

we have a customer who we have installed a roof for and he canceled a check for a minor problem unrelated to the roof, now he is refusing to pay us even after we said we would fix his unrelated problem. We have filed a lien now we want to press charges or sue him. what is your advise for us moving forward Questions@highmarkroof.com

1 reply

Attorney at Fortney Law
| 73 reviews
Sep 3, 2021

The answer depends on the amount of money at issue. If the amount is $6,000 or less, you can file in small claims court in Ohio and you do not need to hire an attorney (though you can if you choose). Small claims court is similar to Judge Judy or other shows like that where each side is able to present its case and evidence, and the judge can ask questions to arrive at a verdict. 

Assuming that HighMark is a corporate entity of some sort (LLC, Corporation, etc.), corporate entities are not entitled to represent themselves in any courts of a higher jurisdiction than small claims (municipal, county, or common pleas courts). If your amount owed (and lien amount) is higher than $6,000, you will need to hire an attorney to proceed. 

Hiring an attorney to pursue a case like this is fairly straightforward, at least initially. You will want to be able to prove your case, and anticipate any counterclaims or defenses. In this case, the contract you signed with the homeowner will play a very important role, since this case revolves around work, your company's right to repair the work, and the scope of work to be performed under the contract. Your attorney should look through your documents, including the contract, communications with the homeowner, and any other documents that you think prove your case. After that, the attorney will be able to provide you with an outlook for the case.   

Answers to questions are for educational and general information purposes only, and are not meant as legal advice. No attorney-client relationship is formed
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