Well, I am now, officially being sued for $1,000 + fees. No, it is NOT for any work I did for anybody else, but it is for work I had done.
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Here is what happened:
My bath tub drain started backing up and a plunger and little plastic Zip-It had no affect, so I called plumber.
Anyway, he decided to snake out my line... he kept pushing the snake down and down... Then the clog cleared and I thoguth... GREAT... Then he went a little further probably being thorough. Anyway, when he went to remove his snake it was stuck!
He said, I have roots compromising my pipe and that is why his snake got stuck. I asked him if that is the case why would he run a snake down there & how does he know without seeing any roots? He said, "I don't have X-Ray vision!" I asked, "Then why would you proclaim it is roots?"
So, after trying forever to free the snake, he leaves the snake in my drain! At this point, I am pretty ticked off, but realize bad stuff happens and it could just as easily have probably happened to any plumber or I could be in a similar situation working on a network/server/computer, so I am empathetic... and the drain works, so I paid the original estimate of $536 for his services.
Next thing I know is that he sends me written estimates to remove my linoleum from the kitchen, tile from the two bathrooms and jackhammer up the floor... He is asking for get this $9,000 to do the work! I just simply refused saying, "The drain works. I will deal with it if/when the need arises... I don't want to tear everything up."
Okay, so I contacted a plumbing Trade School and asked for who they recommend for a screwed up situation... explaining I need a specialist. A guy came out and used a camera and could not believe this guy ran the snake 70' into my drain! Oh, and no roots! None the less, he put a PVC sleeve over the pipe and tried to "unhook" the end. He tried quickly pushing it forward and pulling it back saying it might cause the end to "Whip" inside the pipe and come loose... Finally, he put a drill on the snake in reverse spinning the entire snake and it came loose & he retrieved it! My total charge was $120. I showed him my original estimate and he said $9000 is insane even if the pipe had to be replaced. He said it would take a maximum of 1 day to jackhammer up all 3 of my rooms and then the actual cost of the pipe would be about $5/foot and a concrete pour would be about $200 for one room or about $300 to $400 to do all three... he said the entire job would take two days and he if he were billing it$800 labor, $400 pipe, and $400 concrete and that the tile would be mostly reusable and new linoleum isn't very inexpensive. He said it would have been a $2000 estimate and he would probably not have charged quite that much... but NOT $9000! He then said $536 is a LOT to pay for someone to snake out a drain. He said I got taken and it should have been 50% that cost... I guess I was desperate.
Fast forward... The original plumber called me to tell me I need to either pay him to remove it or pay $1000 to buy him a new Snake. I said, "No, I do not, but I got it removed and you are welcome to come buy and pick-it up!"
I realized I was dealing with a jerk at this point, but I really figured my problem is over and he can just have his equipment back and go-away... that he should be grateful I am not making a big deal out of this and picked up all the cost and paid my bill in-full without fuss to him! Anyway, he came to pick it up and told me how, "It is all kinked up" and that he cannot use it anymore. I basically shrugged my shoulders.
He told me, "You are going to need to pay for my snake. Write a check for $1000 to me." I said, "No." Then he informed me that his contract says, "You are responsible for any damages" and that it was written by a professional lawyer. I about laughed. I said, "Yeah, and I paid someone else the $120 damages you caused to me and quoted $9000 to fix." I said, "Nowhere in here did I sign I would pay for your equipment/tools you break on the job."
He stormed out sending me some certified letters in the mail threatening to sue me, etc. I thought nothing of it to be honest... He said the other plumber kinked the snake removing it (possible but un-provable and no more likely than it being damaged when this guy got it stuck).
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Fast forward, I am now being sued for $1,080 in Small Claims on March 7th, which is $1,000 for a new snake (I wonder if he counted the cost of the motor because the snake part itself sells for $99), and $80 he paid for court. ... Yeah, he is suing for court fees too.
Now, I am at a loss of what to do. I asked the other plumber if he would come to court and testify, and he laughed and said, "Yes, and I will testify that we even use the same type of snake and bring one to court along with a replacement snake portion and receipt proving the $1000 is totally bogus... and I will deny myself breaking it indicating all I did was remove it because he couldn't."
Now, what do I do? I know it is probably better than 50/50 the judge totally dismisses this considering I have all the paperwork, bogus estimate, and that even if I am found guilty he will probably only get $179, but this guy has me ****** off now! He already overcharged me for a job, caused me to have to pay somebody else to fix his work, and now wants me to pay $1000 for $100 worth of tools he broke on the job. I am considering getting a lawyer, which this State allows in Small-Claims court. Am I crazy to be considering paying $750 out-of-pocket for a lawyer and also counter-sue this jerk for court fees, time, and legal costs for a bogus lawsuit? Or, should I just go it alone and fight this fluff? Should I drag it out with a counter-claim?
What should I do?
1. Settle up with this this guy and just get him to go away for $179
2. Plead NOT Guilty and defend myself?
3. Hire a lawyer or not?
4. File a counter-claim and sue back... or not?
Cheers.
