I am being Sued for $1,080

[Mr.Mike]

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.

If he's done this once, he's probably done it before. Before appearing in court, you might want to research to see if he's a multiple-offender.

 

[Cornerstone Technologies]

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.

It may have worked, but no as designed since there was a snake impeding the full use, which is of no plumbing standards at all.

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.

Just based on this, he will probably lose in court. Being licensed means he is to be properly insured, so you could have a lot of fun subpenaing his insurance records to prove your case that he has no business working on anything. I think you can win this and recoup costs to do so. I look forward to hearing how it works out for you.

 

[AlaDes]

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.

Although he may not be required to hold a plumber's license, he may still have to have a valid business or contractor's license. If I were you, I would check it out. I know in West Virginia, if you are doing work for pay, you are required by law to hold a valid business and/or contractor's license. West Virginia does not require or issue licenses for plumbing, low voltage, construction, etc. type of work and therefore classifies most service based work like this as "general contractor", so you would have to obtain a contractor's license and a business license if you decided to do this type of work. Also, if you get a contractor's license, you have to pass a test the state administers.

 

[NETWizz]

I got a call today that the case has been continued. I asked the name of the clerk that was calling and she hung-up.

I called the court back and asked to speak with a clerk. I referenced the CASE # and it has NOT been continued! This jerk tried to trick me into being a "no show," so he can get a default judgement!

I have court at 1:30 PM EST. I will let you know how it goes when I show up! I can't wait to see the look on his face when I am actually there!

 

[NETWizz]

When I got to court, he asked me if I was willing to settle. I said, "No, I am not giving you $1000!"

He said, "How about $500."

I said, "No, how about we see the judge?"


When we went to see the judge he said what happened and they judge kept interrupting him.

The judge asked, "Well, he paid for your services right?"
He said, "No. "

The judge asked me why I would state that I paid in writing if I didn't pay. I explained to the judge that I did pay and provided the canceled check & a recipt from him.

The plumber was like... Well, he didn't pay for my tools and that is why we are here!

The judge was getting ****** off with this guy for lying and asked him to explain more. Then he asked him, "why should he pay for your tools? that you broke?"

He said, "Because it is $1000 and my contract says he is liable for all damages not me."


The judge said that only covers him from me suing HIM for damages caused INCIDENTALLY to my plumbing while doing the specific work order for which that contract applies. The judge said it gives you no right to sue because you broke a tool!

The judge reviewed the case and said, "I cannot find any wrongdoing on behalf of the defendant. He did the right thing by paying the bill, so he is not subject to ANY other part of this contract."


Then the Plumber asked the judge to have me pay the court fees. He just shook his head. Then he asked for a waiver and the judge shook his head. Next he started shouting at the judge telling him that he was unfair and that he would make a bar complaint, etc. The judge said, "Go ahead. The entire trial was video and audio recorded; it will give me the opportunity to sue you for defamation & libel... and he called out for the next case totally ignoring the Plumber!"

On my way out the Plumber told me this isn't over that he will be suing me again in another court.


I spoke the the clerk of the court and she said, "he can't do that."


I am glad this is over!!!

 

[MotzTech]

Congratulations on getting through that. I hope I never have to face anyone like that.

 

[dbdawn]

That plumber is pretty crazy for calling you like that, trying to get you not to show up and then arguing with the judge!

 

[Cornerstone Technologies]

The entire trial was video and audio recorded;

I would pay to watch that.

 

[Mr.Mike]

Congratulations!! You stuck by your guns and won. Now the jerk will have to reconsider his career since he's clearly too immature and stupid to continue as a tradesman.

Cheers!

 

[NETWizz]

I would pay to watch that.

It wasn't that excited. You would just be watching an idiot spouting off and the judge ignoring his stupidity only listening to the facts alone. The judge was old enough and wise enough to know the best way to piss off this idiot was to not even address his stupidity.

 

[gikstar]

I haven't read all 5 pages of this Thread... but i would be curious as to how you made your determination on which plumber to call.

 

[NETWizz]

I did a Google White/Yellow Pages search.

 

[DCGPX]

I hope you weren't out of pocket for this even if you represented yourself, I'd be after HIM for expenses

 

[MobileTechie]

WELL DONE!

What a total moron that guy is! I cannot believe he tried to trick you into a no show. I think I'd call the police and court about that just in case they take an interest. A month in jail for perverting the course of justice would be good for him.

It just goes to show that, as a rule, these lower level courts are 90% common sense and trying to wriggle out of things with little points of law or screwy terms just doesn't cut it with the judges.

 

[Martyn]

WELL DONE!

What a total moron that guy is! I cannot believe he tried to trick you into a no show. I think I'd call the police and court about that just in case they take an interest. A month in jail for perverting the course of justice would be good for him.

I agree with MT, that is a serious issue. well done anyway.

 

[Cambridge PC Support]

Excellent news, well done!

 

[C0ldf1re]

... we are not lawyers. At least Im not.

Well, I used to be a lawyer, before I got an honest job. (Technically still am a lawyer, of course.) Rarely did I hear of a case this outlandish.

A good, honest lawyer would more than likely tell you to save your money on their fees...

I must have met hundreds of lawyers, but I never met the sort of lawyer you describe.

I got a call today that the case has been continued. I asked the name of the clerk that was calling and she hung-up.

I called the court back and asked to speak with a clerk. I referenced the CASE # and it has NOT been continued! This jerk tried to trick me into being a "no show," so he can get a default judgement!...

Sounds like this plumber is cleverer than most lawyers I ever met!

 

[Paul Rodgers]

Well, I used to be a lawyer, before I got an honest job. (Technically still am a lawyer, of course.) Rarely did I hear of a case this outlandish.


I must have met hundreds of lawyers, but I never met the sort of lawyer you describe.


Sounds like this plumber is cleverer than most lawyers I ever met!

Off topic but these comments made me chuckle.

 

[oldtech]

I would have my dog bite him, then sue him claiming my dog was 'never quite the same' after biting him.

In all seriousness... as long as what your saying is factual, I would also state what happened on EVERY SINGLE website that I could.
Angies list, Facebook, google places, ALL forums, etc. I wouldn't slander/libel him, just state the facts. He would be hard pressed to get another plumbing job. It would serve him right.

Seriously???? I doubt a response 8 months later is of much value due to timeliness. It is a good way to bump that post count though I guess.

 

[ComputerPro]

time

Apologies...
Was waiting for my daughter on my phone and came across msg. Didn't even notice the date.
Deleted.