My lawn maintenance service person charged me unfair amount for the service he didn't even provide, after I refused to pay the extra that he requested he threatened to take me to court for that little amount of money. What are my chances of winning if he does take me to court? because I know I am right and he is charging me unfairly. I even paid him more than the service he had provided, and on top of that he charged me extra according to his own calculation. Please help me, thank you in advance and I hope to hear from someone soon.
It sounds like at worst a small claims case and one that he may never file. Without a written contract he will have a difficult time prevailing.
Any response given is not to be taken as legal advice or to create an attorney client relationship.
Personal Injury Lawyer
It is quite difficult to tell you your chances of winning without knowing all of the facts. Contact a local attorney for a consultation.
The service provider can sue you in court. Whether or not the service provider will win will depend upon the specific facts. Was there a written contract? Were you presented with a written estimate? Has there been a history of financial transactions with this service provider which would be indicative of what oral agreements existed with respect to work to be performed and the charges for such services? Were you ever provided with a price list of extra charges? How credible are you compared to the service provider?
Prepare your evidence well. Make a nice, easy to understand story so that the judge will rule in your favor. Be calm in front of the judge, and don't yell. Good luck.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
None can predict a courts decision. Knowing you are right, and convincing others are two different things. Hopefully you have some written contract, pictures, canceled checks, emails to show as evidence of your version of events.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
The $$$ here don't justify ANY further time or effort by you or by him. Call and offer to split the difference. $5 each. Hire someone else.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
In California the limit in small claims court is Limit $7,500. Your lawn maintenance person could file an action against you and it's like a "Judge Judy" scenario. You could also be sued in Superior Court where you could both represent yourselves or hire attorneys. The best thing to do is to work out a compromise. But, if not you will just have to wait to see if you are served with a complaint. Can't say if you will win. Call me or another attorney for free consult.