You have a strong case — but not for $4,800. The number you are entitled to ask for is probably smaller, and understanding why will make you far more credible in front of a judge than demanding the deposit back. ## What You Would Have To Prove Breach of contract. Four things, and you have documents for all four: - **An agreement existed and what its terms were** — **PROVEN.** A signed written estimate for $9,500 is exactly the document most claimants do not have. - **You performed your side** — **PROVEN.** Bank transfer receipt for $4,800. - **He did not perform his** — **PROVEN.** Demolition only, then six weeks of silence, with three texts promising to start tile. Those texts are excellent: they establish he understood the work was outstanding and that he kept representing he would do it. - **You suffered a measurable loss** — **PROVEN**, once computed correctly. See below. That is an unusually complete packet for a small claims matter. ## What You Can Document As Damages **Here is where your instinct and the legal measure part company.** You want the $4,800 back. But you did receive something — the demolition — and more importantly, contract damages are ordinarily about **putting you where performance would have left you**, not unwinding the deal. Work it through: - If he had performed, you would have paid **$9,500** in total for a finished bathroom. - You have already paid **$4,800**, leaving **$4,700** of the contract unpaid. - To get the same finished bathroom now costs **$7,200** (your lower quote). - Your actual total will be $4,800 + $7,200 = **$12,000**. - **$12,000 − $9,500 = $2,500.** That is your loss. So the defensible claim is roughly **$2,500** — the extra it costs you to end up where the contract promised. Present it with that arithmetic written out. A judge who sees a claimant compute damages properly treats everything else they say differently. Two notes. Use the **lower** of your two quotes; asking for the higher one invites the obvious question. And if you believe the demolition was worthless or has to be redone, say so and get that in writing from one of the quoting contractors — that would change the number, but it needs to come from them rather than from you. ## Who You Would Be Suing **Resolve this before you file — it is the one thing here that could waste the whole exercise.** "Rivera Renovations" with a phone number and no entity marking suggests a **sole proprietor trading under a business name**. A trading name is not a legal entity and cannot be sued as one; a judgment naming only "Rivera Renovations" may be worth nothing. Do this: 1. Search your **state's business registry** for the name. You will learn whether an entity exists, its exact legal name, its status, and its registered agent. 2. If nothing is registered, you are likely suing **the individual** — get his full legal name from the signed estimate, the bank transfer record, or his contractor licence if he holds one. 3. Get an **address where he can actually be served.** His Facebook activity is useful for showing he is still operating and reachable, but it is not a service address. How the defendant should be named, and how service works, are local questions — ask the clerk of court or read the court's self-help page. They answer this for free and they answer it correctly. ## Your Demand Letter Send this before filing. It resolves a meaningful share of these, and if it does not, it becomes evidence you gave notice. > Dear Mr. Rivera, > > On [date] we signed a written estimate for a bathroom remodel at [address] for $9,500. I paid you $4,800 by bank transfer on [date]. You completed demolition and have performed no work since [date]. On [dates] you told me by text that tile work would begin; it did not. > > I have obtained two quotes to complete the agreed work. The lower is $7,200. Completing the project will therefore cost me $12,000 against the $9,500 we agreed — a loss of $2,500. > > I am asking you to pay $2,500 within 14 days of the date of this letter. Payment may be made by [method]. If I do not hear from you by [date], I will file a claim in small claims court. > > [Name, address, phone] Send it so you can prove delivery, and keep a copy. Do not add anything about his character. ## Evidence Packet, By Element 1. **Agreement** — signed estimate, $9,500 2. **Your performance** — bank transfer receipt, $4,800 3. **His non-performance** — the three "starting tile Monday" texts, printed with dates and the phone number visible; dated photographs of the gutted bathroom 4. **Damages** — both written completion quotes; your one-page arithmetic 5. **Notice** — the demand letter and proof of delivery Bring three sets: judge, defendant, yourself. Label them 1 through 5 and be able to hand up the one that answers whatever you are asked. ## What They Will Say, And Your Answer - *"She changed the scope"* → the signed estimate defines the scope; there is no written change order. - *"I was going to come back"* → six weeks, three broken commitments in his own texts, no work. - *"The deposit covered the demolition"* → possibly some of it, which is precisely why you are claiming $2,500 rather than $4,800. This is where computing damages correctly protects you. - *"She wouldn't let me finish"* → your texts show the opposite; you were asking him to start. ## Is This Worth Filing **Probably yes, and the collectibility picture is better than average.** He is **still operating locally and advertising**, which means he has income and a reputation to protect — the two things that make people pay. That is a materially better position than suing someone who has vanished. Bear in mind that a judgment still has to be **enforced**, which is a separate process with its own steps and costs that vary by jurisdiction. Ask the clerk what enforcement looks like locally before you count the money. Against that: the filing fee and a day of your time, for roughly $2,500. That is a reasonable trade. And if he offers $1,800 after the demand letter, think hard before refusing — a certain payment today often beats a judgment you have to chase. ## Your Opening, In Ninety Seconds > "On [date] I signed a written estimate with Mr. Rivera for a bathroom remodel, $9,500, and paid $4,800 up front. He completed the demolition and stopped work on [date]. He texted me three times saying tile would start, and never returned. I obtained two quotes to finish the same work; the lower is $7,200. Completing the job will cost me $12,000 instead of $9,500, so I am asking for $2,500. I sent a written demand on [date] and received no response. I have the signed estimate, the payment record, his texts, photographs, and both quotes." Then stop, and answer what you are asked. ## Confirm With The Court Before You File - The **claim limit** and the **filing fee** - **Which court** and whether location depends on where he works or where the job was - **How service is performed** and what it costs - **How to name a sole proprietor** trading under a business name - Whether the court accepts **printed texts and photographs**, and in what form - Any **deadline** that applies to a claim like this **Verdict: SEND THE DEMAND LETTER FIRST.** The one thing to do next: search the state business registry for "Rivera Renovations" today. That single search tells you who you are actually suing, and everything else — the letter, the filing, the naming on the form — depends on the answer.