Now that the trees are trimmed, who do I sue?

What is the name of your state? Maryland

Now that the job is done, the bill is $495, I wonder who do I have to file against? Both husband and wife own the property.

thanks for any insight!

If there was a written contract, you would sue those named in the contract.

If no written contract I would sue both husband and wife.

You should sue in District Court of the county that they live in.

Make sure you get full and proper names and current address (shouldn't be that hard) since you did the service and they probably didn't move.

I would also search the property listings (free) thru the State online to see whether they own the home. (are you sure they own the home??? -- how did you find out?)

Then for the big bummer: if you win, it is up to you to collect.

In District Court you can: garnish wages, levy bank account, lien real property, among other collection devices. You must know where they work and bank for the above actions to place.

OR if you are real lucky, they will pay immediately.

OF course if they don't show up to court, then you most likely win a default judgment and now you have to go after the money.


One more thing, are you a neighbor who did this or a licensed tree trimmer, etc.???

Good Luck,

Dear Jenn,
Please read the following forum:

https://forum.freeadvice.com/showthread.php?s=&threadid=106659

In Maryland you don't make a federal case (nor a civil case, unless property dmage, tree dieing ready to cuse damage) outta tree limbs, To bad it was about to cost me 2 grand to find out.

Dear a neighbor:

I read your post as that you trimmed some trees as a service and did not get paid.

Nowhere in your post did you give any particulars of your situation.

If however, you decided that you were going to trim the neighbors trees because you wanted it done, then, sorry you have really have no legal basis to get paid from another party.

However, if you entered into an agreement with those people to cut the tree for a fee, then I would be inclined to say you have the right to sue.

After reading your post that you directed me to, it sounds as if you already spent too much on lawyers bills to even go after 495 bucks that you would have to prove your case, win and then actually collect the money yourself.

Hope this post makes sense to you.

I relied under the rules of "Self Help", not that I went out and got a pair of trimmers and did it myself, and want refund for the trimmers. My understanding from more than one Maryland Attorney (but I've been screwed before, sorry *G*), that I can take the neighbor to SCC for this service, but in SCC not civil court?? I just never asked do I have to sue both homeowners in SCC???

Maryland (state) District Court is the closest thing that is called Small Claims Court in the State of Maryland. That court also is Civil and Criminal.

I would name both h and w in the suit.

Thanks Jennifer, Hope I didn't come off as sounding harsh in any of my other posts. Because it was not meant that way at all *G*

It's just been a trying day with have to go fight the court to have the attorney off his battle ground, in Washington DC, and have that case heard in Maryland (hope all goes well in that case.)

It's sad to see soo many people struggle to get simple answers. I witnessed it in SCC in DC today, the people there weren't very helpful to a guy struggling to fill out the forms. I tried my best, also letting him know I wasn't an attorney, but letting him also look at the lawsuit aginst me, LOL. He was sooo grateful to have any sort of help to at least help him in the right direction. Another guy walking around in tons of gold, filing papers and throwing cards on the table, telling people he would serve papers for $50. WOW what a swell place, NOT, LOL

Again, thanks, and I don't know how you people do it?!?!? Must be in the blood?!?!?

here's an idea:

why not drop (withdraw?) the case in dc (lack of jurisdiction) and file a totally new one in MD?

save the agravation, because once (if you win) you get a DC judgment, you will have to have it domesticated (moved) into the MD Dist. Court so that you can "collect" your money, ie. garnish wages, levy banks, etc.

Hope this helps.

Jennifer, It's my attorney sueing me for non-payment! I fired him after (thru research of my own), that in MD to trim trees you don't take the other party thru court and threaten to attach wages and such. You do the job and then recoup in SCC. My attorney NEVER advised me of that. He made demands of the other party with a threat of attachment of property, and a gambit of demands that won't hold up in court.

My case with the attorney is he NEVER advised me of my rights to cut the trees and then proceed in SCC. He went for the kill, the other party hired an attorney and showed all factual law. It wasn't till I was in court over a peace bond appeal, the other party's attorney said my peace bond was all about strong arming the guy into paying for court costs and tree services. LOL The judge looked at me and said "you don't have an attorney for that case?" So that's when I did my OWN research, called a few other attorney's and found out the other party was right in the tree case.

Unless your claiming damages, or the tree is dying and ready to destruct property and needs to be removed and the owner of the tree is not willing to remove their dying tree, Maryland doesn't want you to file in civil court. My attorney was even using case law that lost!! I never could get a straight answer about that one, and he wouldn't ask for damages thru the case. SO I guess he thought I was going to pay thousands of $'s and never ask for and or mention damages, although I kept bringing it up.

So I fired him after asking "who does your research for you?", he said he did, and I explained to him what I found and he said "I don't have time right now, I'm in conference!" Well OK and I waited 24 or 48 hours and he never contacted me. So I faxed him his walking papers explaining why he was being fired, cancelled a second check, motioned to dismiss the case (lack of jurisdiction), and the case was dismissed.

In the meantime, the head administrative judge said to file against the attorney for ethics violation. geez I didn't want to start trouble, and do MORE research of everything. I figured when I went to SCC to file the $495 for the tree service against the neighbor that I would just file to get the $750 retainer from the attorney. Well he beat me to the punch and filed in Washington DC for his money, his own battle ground as his office is in DC.

So I filed a Motion to dismiss, or alternative change of venue, citing a DC case law. I only made a mistake of not doing my homework about the trees in the first place, but my neighbor is CRAZY, he has shot my windows, shot my dog in my own yard, and when this started he was putting trash and nails in my driveway after me purchasing brand new tires for my vehicle. So that's why I just decided to sidetrack the stress and have an attorney help me. The basic problem was the tree service wanted something to the affect that they had a right (legally) to cut the trees limbs, I provided that after I found it and had the job done. $495 v THOUSANDS. eeekkkkk still makes me shudder! OH and the other party would have won and took my pants for their attorney's fees.