I am being Sued for $1,080

[iflores]

I think we can all learn something from this. Are'nt we all in business?

If I were you, I would lawyer up and counter sue him. This guy is clearly looking to rip people off. It is obvious this guy is deperate for money. I mean... who really goes that far knowing that he screwed up.

You should really make an example of him and leave as much bad feedback as you can.

 

[Tekko]

When creating legal threads its always a good idea to post your city/state, laws vary by location.

The first thing I would do in my state is fill out an Answer and Counterclaim Form

See if you state/municipality has one, fill it out. Then post your location so we can help you out a bit.

 

[NETWizz]

The bad thing is I don't think this plumber ever intended for it to end up this way, either. I now think the original plan was just to snake out the drain & price gouge me... and move along to the next home. Maybe his new plan is to get me to settle; I don't know why he is the way he is. Obviously, he is trying to intimidate me now.

That said, I really think he decided that it was my problem that the snake was stuck (technically, it was because I signed in his contract that he is not liable for any unintentional damages). I really do not see how I could sue for a snake breaking unless I could somehow prove it was intentional, and I don't see how I could sue for the cost of his services, when I signed the estimate before he began work, so I don't think I will bring these issues up. I was un-informed and ultimately made the mistake of signing this contract, so obviously I am out the cost of his services...

His contract DOES have a service pledge and a guarantee though that guarantees 100% satisfaction though it never says how they are going to go about that, so it is sort of an empty promise; I guess.


He said that his contract says specifically that "the Customer is responsible for ALL damages" and he is suing me under that as far as I can tell.

My reading of that is that is that it covers him from any liability of paying any damages he inadvertently causes to my property while performing the agreed upon jobs. I read it like if something incidental happens "i.e. Snake Breaks" that I the customer am responsible to foot the bill (not him). I do NOT, however, see how that would make me liable to him to pay for damage he causes to his own tools.

 

[PCX]

The bad thing is I don't think this plumber ever intended for it to end up this way, either. I now think the original plan was just to snake out the drain & price gouge me... and move along to the next home. Maybe his new plan is to get me to settle; I don't know why he is the way he is. Obviously, he is trying to intimidate me now.

That said, I really think he decided that it was my problem that the snake was stuck (technically, it was because I signed in his contract that he is not liable for any unintentional damages). I really do not see how I could sue for a snake breaking unless I could somehow prove it was intentional, and I don't see how I could sue for the cost of his services, when I signed the estimate before he began work, so I don't think I will bring these issues up. I was un-informed and ultimately made the mistake of signing this contract, so obviously I am out the cost of his services...

His contract DOES have a service pledge and a guarantee though that guarantees 100% satisfaction though it never says how they are going to go about that, so it is sort of an empty promise; I guess.


He said that his contract says specifically that "the Customer is responsible for ALL damages" and he is suing me under that as far as I can tell.

My reading of that is that is that it covers him from any liability of paying any damages he inadvertently causes to my property while performing the agreed upon jobs. I read it like if something incidental happens "i.e. Snake Breaks" that I the customer am responsible to foot the bill (not him). I do NOT, however, see how that would make me liable to him to pay for damage he causes to his own tools.

Good luck, hopefully you will get a judge with some common sense that will look at the guy like hes an idiot and throw out the case.

 

[SprinterTech-WI]

And another reason why you should ALWAYS have the right equipment!
If plumber #1 had the camera he could have snaked it down and gotten his equipment back - heck I even have cameras for in wall cabling, saved me dozens of hours!

Also sounds like Plumber #1 had no clue on how to correctly snake a sewage system... I'm no expert but it sounds extremely wrong!!!

 

[16k_zx81]

He's entitled to post what he wants even if we have to move it to the general chat section.

Yes he can post whatever he wants but there is an issue the etiquette of posting in the correct section in the first instance. Its not hard to do, and saves others the chore of cleaning up the mess.

Regarding your problem, OP, the only entity that can give you an informed answer to this question is a Legal Professional. Anything else is speculation.

Get qualified advice.

..

 

[16k_zx81]

He said that his contract says specifically that "the Customer is responsible for ALL damages" and he is suing me under that as far as I can tell.

As I understand it, there needs to be precedent and fair legal grounds for the inclusions in a contract in order for them to be binding.

I have often though of putting "you must pay me double for emotional damages if I am inadvertently exposed to naked photos of your fat, hairy spouse while completing your computer repair", which, of course, seems fair enough in-and-of itself. However, Im not sure how well I would fare with that in front of a judge, which why I hesitate to add it to my T&C.

In other words, he can write what he wants - the detail and the context are aspects of legal jurisdiction outside of the specified contractual terms. Its all about specifics at law. The wording of the contract are only one consideration.

.

 

[AlaDes]

Honestly, I don't think you have anything to worry about. I feel you are right in thinking that this suit is just an intimidation gimmick to get you to settle because he knows he'll never win anyways. As far as a countersuit, I have to agree with you in the fact that you signed an estimate stating that you would pay the estimated charges. However, I would still countersue for lost time and wages he is causing you with this suit of his. It's not a guarantee but many judges do not like it when people like this guy tries to manipulate and abuse the system. As far as hiring a lawyer, it's probably not worth your time or money. It would probably cost you just as much to hire a lawyer as it would to either pay this guy or to settle with him, which is what it sounds like he is hoping you will be thinking, therefore causing you to settle or pay him, in which case I would do neither. I would stand my ground and wouldn't hesitate to appear before a magistrate or judge with this guy. Many people think judges are scary dudes wearing black robes and only see cases through the law. However, I have personally seen judges make rulings that surprised lawyers who have known these judges for 20+ years. I say Stand your ground and send this guy a message!


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I am here: http://maps.google.com/maps?ll=37.801105,-80.287970

 

[MobileTechie]

The initial price of the job you paid for seem out of proportion to begin with and then to try to sue you for losing his own equipment is just ridiculous. I just cannot see any judge in any part of the world finding against you. So I'd fight it and counter sue for the additional costs you've incurred. Plus I'd get onto whatever trading standards or licencing organisations and put in complaints and when it's all over put some calls into the tax office because if he's ripping people off he's likely to be ripping them off too.

You cannot make someone responsible for something you did just by your terms otherwise he could deliberately break anything he liked and get you to pay for it.

 

[red12049]

The initial price of the job you paid for seem out of proportion to begin with and then to try to sue you for losing his own equipment is just ridiculous. I just cannot see any judge in any part of the world finding against you. So I'd fight it and counter sue for the additional costs you've incurred. Plus I'd get onto whatever trading standards or licencing organisations and put in complaints and when it's all over put some calls into the tax office because if he's ripping people off he's likely to be ripping them off too.

You cannot make someone responsible for something you did just by your terms otherwise he could deliberately break anything he liked and get you to pay for it.

And now, maybe folks here will understand why we say that insurance is a necessity because, at least in the states, "anyone can sue for anything."

Rick

PS: to the OP: Check with your homeowner's or renter's insurance. It may well cover you (meaning defend you) against lawsuits.

 

[732914TECH]

1. His price was too much because we had Roto Rooter snake my drain too and it only cost $250 i believe.
2. If i dropped my external hard drive at a customers house and broke it I would never blame the customer, thats just poor business.
3. I think an honest judge will be on your side and choose the correct action and dismiss his complaint.

 

[Cornerstone Technologies]

He said that his contract says specifically that "the Customer is responsible for ALL damages" and he is suing me under that as far as I can tell.

My reading of that is that is that it covers him from any liability of paying any damages he inadvertently causes to my property while performing the agreed upon jobs. I read it like if something incidental happens "i.e. Snake Breaks" that I the customer am responsible to foot the bill (not him). I do NOT, however, see how that would make me liable to him to pay for damage he causes to his own tools.

You are probably right, and his wording is probably illegal depending on what state you are in. Common sense is on your side on this one. I would turn the tables and basically come out paralleling what you would do in such an instance if you were doing a job for a client. Different professions, but the onus is on the professional to be responsible for his own tools if they break. Also, I have a hard time believing that any snake would cost $1000. And he left it in your house stuck. He abandoned it. I would seriously consider counter-suing him just for the fun of it.

 

[Dameize]

People like this really p**s me off and I fail to see why you even have to go to court. You should be able to just tell him to f**k off. Sounds immature of me I know but it really is annoying that this guy has to go to court because of some idiot plumber who doesnt know what hes doing.

 

[NETWizz]

People like this really p**s me off and I fail to see why you even have to go to court. You should be able to just tell him to f**k off. Sounds immature of me I know but it really is annoying that this guy has to go to court because of some idiot plumber who doesnt know what hes doing.

I have to go to court because I have been served. If I don't show, I will owe him $1080 INSTANTLY!

 

[NETWizz]

You are probably right, and his wording is probably illegal depending on what state you are in. Common sense is on your side on this one. I would turn the tables and basically come out paralleling what you would do in such an instance if you were doing a job for a client. Different professions, but the onus is on the professional to be responsible for his own tools if they break. Also, I have a hard time believing that any snake would cost $1000. And he left it in your house stuck. He abandoned it. I would seriously consider counter-suing him just for the fun of it.

Well, that's a good point. The contract DOES say they will "Complete" the work. I guess I should argue he left his tools and therefore didn't complete the work. I don't know. The problem is the drain actually worked when he left and didn't when he arrived. Seems like he might just bring that up, so I am Leary about filing a counter-suit. The idea of lost wages is good. I would have to consult with a lawyer to figure out if/how to do this because I don't know the procedure. Then, I doubt I would loose $750 like the lawyer would cost unless I had an actual contracted job I couldn't go to.

I don't know, but I do agree with standings and precedence though I don't know the ins-and-outs.


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I should mention my Liability/Umbrealla/Renters insurance WILL pay, but I am hesitant to make them aware of this and have my rates go up. They will consider me a higher risk. I would much rather just make this guy go away and move on.

 

[AlaDes]

A good, honest lawyer would more than likely tell you to save your money on their fees and just tell the judge the truth about what happened and the judge will more than likely dismiss this joker's suit anyway. I am assuming he filed the suit in small claims court. These courts are designed specifically for people who don't really know the laws very well. The magistrates or judges of these courts can and sometimes do allow many things other courts, such as circuit courts cannot allow. I personally wouldn't worry about this jerk because it's actually you that has a slam dunk and not him. If you do decide to countersue (I would), I would definitely ask the second plumber if he'd be willing to write you some kind of statement and make sure to take his bill in for him getting the jerk's snake out. I feel as if you may at least be awarded the money you paid the second plumber to retrieve the first's tool, which he left. Also, I wouldn't be afraid to bet that you're not the first person he has sued because he is probably betting you won't show up.

 

[dk564]

This is extremely irrelevant to anything computer, technology, or repair related. I only read the whole thing because I was in search of any sign of relevance... none was found.

How about you look at the the section you are reading in- GENERAL CHAT!

 

[Xander]

How about you look at the the section you are reading in- GENERAL CHAT!

It was in Business/Legal when it started. The thread got moved at some point.

 

[NETWizz]

Well, I went to report him and make a grievance against his licence only to find out he is NOT a licensed plumber. That said, I did some further checking and practicing plumbing without a licence is NOT illegal in this State/Area.

 

[Slaters Kustum Machines]

Well, I went to report him and make a grievance against his licence only to find out he is NOT a licensed plumber. That said, I did some further checking and practicing plumbing without a licence is NOT illegal in this State/Area.

LMAO, that ought to be a good time in court.