Got the paper work today…….
After much speculation………
Most everyone guessed right……a split!
She took out a coupla hundred bucks for the work that wasn’t completed……and/or the small areas I said would have to be tweaked………and added in the court costs…since I officially “won”………aka………Judgement for Plaintiff
So….my only thought….what the hell was the whole 5 days wait about?
We all knew this was gonna happen from the time I filed the papers!
I’m disappointed…only because of the waiting period…..I was fully expecting a split at the hearing…..was kinda hoping the wait meant she was spending a little more time looking at the facts….which clearly show I deserve it all!
Oh well…….now time to decide whether to be happy with half….or extend things and file an appeal………
also gotta find out what the defendant is thinking……pay….appeal…..or just ignore payment and get on with living the life of a millionaire……..
If he appeals…makes my decision for me…..
If he doesn’t send a check right off…..makes my decision for me…..
If he agrees to pay up quick……then I gotta think about it.
Gotta give a call to the free legal counsel and get some questions answered….where’s Blue when ya need him!
Good work to all that guessed right.
Trying to think of a creative way to have the last payment doubled….but reduced by 50% if they do pay…..then I could sue(if need be) for the whole amount….get awarded half……and still get what was owed!
Jeff
…….Sometimes on the toll road of life…..a handful of change is good…….
Replies
Anything you survive is successfull
Congrats, at least you didn't let the SOB push you around and got some money back.
Ive never been sued or sued anyone, but have been expert witness in gathering information for litigation support.
I think you realise the lesson about contracts: good fences make good neighbors.
Another lesson: Have your materials paid off before the final payment
James
Good reminder about materials.....I had the reciepts in my bag in the kitchen on the day I was finishing up.....last time I talked with him in person...when he was still happy!
I even mentioned the reciepts....but in the middle of working just said I'd make copies and fax them along with the final invoice......
If I had given him them right there....and went down to his car for a check.....that would be $300 more in my pockets right now.
Another lesson........and this was a first for me too.....so I can say filing is very easy.....just need the names and addresses...and about $100 here in Pa.
Jeff.......Sometimes on the toll road of life.....a handful of change is good.......
Take the split payment...
Then sue him again for late payment and get his half of the split! Did you have a late payment penalty in the contract, WITHOUT an acceptance of delay for inferior/incomplete worksmanship?
You situation reflects the apathy in today's court system. Not that it directly applies to your case, but in general, they avoid making a difficult decision by going split. You get a bit, which may make you happy, but the customer, even though he lost, still won, as he knocked his bill down by a bit. Both of you are a little bit happy, and the court hopes no one appeals.
It simply encourages more reckless behaviour.
Naw it encourages the courts to continue to to be non willing to settle matters. Anymore it should be about contract resolution. That is one area of the law the courts are usually more willing to dip down for the facts. Small Claims (not the court of law area but more in the idea of customer/business)
This only fortifies my idea about using third party mediators based on a contract. The courts arent wasting times with trivial matters and leaves the arbitration to mediators. People should consult with their sharks about adding this clause and some other clauses into a bona fide binding contract.
Bill,
"This only fortifies my idea about using third party mediators based on a contract. The courts arent wasting times with trivial matters and leaves the arbitration to mediators."
Not to be picky, but mediators don't arbitate, they mediate. Arbitrators arbitrate. The difference is that mediation is not binding, but arbitration is. Jeff could have mediated the problem but the customer could still sue him after the mediation has taken place.
Jon Blakemore
im no shark(lawyer) but what i was trying to convey was binding arbitration
Glad ya got as much as ya got.
Maybe we need to schedule a Breaktime fest up your way in 2003 and bust some kneecaps if they don't pay up soon...................(-:
Horn broken. Watch for finger.
"what the hell was the whole 5 days wait about?"
Count your blessings. I was in court for an adjustment of child support at least eight months ago. Maybe longer, I'm afraid to look. Still "under advisment".
Good luck with the rest of the story.
Rich Beckman