If you are dissatisfied with a service carried out by a company, you have the option to recover the financial costs by using a small claims court. In these courts, you cannot claim for anything other than money owed, or financial reimbursement. You cannot claim, for example, for emotional distress.
It can be a little confusing if you are in the position of deciding whether or not to sue a company for poor workmanship, but have never been through the process before. Here is what will happen if you do proceed.
Make Sure You Can Sue
You have to meet a couple of requirements in order to raise court proceedings. You have a time limit to file a case, so don't wait to start the process. Also, file the papers at a court close to the business or where you live. If you happen to move house at any point, you will still have to use this court, as courts will only rule on cases inside their own jurisdiction.
File the Claim & Use a Process Server
After completing and filing the claim form at the correct court, you will need to pay some fees. Once paid, you will be given a copy of the claim form. This is the document that you have to send to the company you are suing. It is usually done by paying an official (process server) to personally deliver the documents to the company. Although you can also serve the papers by tracked delivery, a company is able to refuse to take the delivery, and avoid being served the papers.
Collect Notarised Statements
If you had an agreement with a company who failed to stick to their end of the deal, you can hire the professional opinion of people who are qualified to speak on the issue. For example, if a structure is not satisfactory, hire an independent master builder to give a statement regarding its flaws and deficiencies. Get the opinion of more than one expert, and have them sign their statements in your presence; this notarises it.
Provide Evidence of Receipt
The last part is getting evidence that the company has received your papers and claim. This is obtained by the process server as part of the paperwork. If you send by mail, you can use the signature to receive the papers as your evidence. You'll want the evidence of this process to show that they agreed to certain conditions and should keep their word.
Once this is in order, you would now be in a position practice your case, keeping the details short and clear. These are the steps involved should you decide to take action against a company. Learn more by consulting resources like Adams & Co Lawyers Pty Ltd.