Taking a Contractor to Small Claims Court

[Chris Attiliis]

Hey Gang,

I hired a paving/ashphalt company to pave the driveway of an investment property.  Paid $1500 in two installments, and am completely unsatisfied.  At first there was some stones/pebbles mixed in the top layer of the asphault in a 10 foot section.  Contractor said its normal, but would at not cost to me come back out in two weeks and put a topcoat/seal on it, covering everything in black to make it look uniform.  Since then  weeds are growing through the so called "3 inch thick" surface.  From what I understand, there should have been a layer of weed block paper to prevent this.  The contractor (who appears to be the son of the owner of the company) has apologized and said he would be out to fix this issue.   But the day he was supposed to come out, he had a "death in the family" and had to leave town.   He should have been back in town by now and I want to know what is the best way to proceed to take them to court?   Do I file a suit in the county of the Investment house is in, even though the company is located elsewhere?  Do I need to find the business address, and or license number to proceed in court?  Any advice and or suggestions would be greatly appreciated.

[Aaron McGinnis]

Did you by chance hire a gypsy/traveler? This sounds like a pretty much textbook case. 

Did the guy have "Materials leftover from another job"? Contract? Licensing? references?