It worked

What is the name of your state? Massachusetts

In March, I gave $1000 to a roofer who, to this day, never did any work on my house. Last month I filed with Small Claims court, was due to go to court this Wednesday and duke it out with him, not really expecting him to show up.

The roofer just called me and said he planned to stop by the house today, and give me a certified check for $1000. According to the AG's How-to Guide to Small Claims court, they recommend going to court anyway, tell them what happened and put it on record, in case I may need further action in the future.

Assuming the check clears, do I need to do that, go to court and record the incident? Someone else may need that time and hopefully after today, the matter is closed.

letstalk said:

What is the name of your state? Massachusetts

In March, I gave $1000 to a roofer who, to this day, never did any work on my house. Last month I filed with Small Claims court, was due to go to court this Wednesday and duke it out with him, not really expecting him to show up.

The roofer just called me and said he planned to stop by the house today, and give me a certified check for $1000. According to the AG's How-to Guide to Small Claims court, they recommend going to court anyway, tell them what happened and put it on record, in case I may need further action in the future.

Assuming the check clears, do I need to do that, go to court and record the incident? Someone else may need that time and hopefully after today, the matter is closed.

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My response:

What about all of your "interest" that you lost during this time period? Remember, he had "use" of your money, and you didn't. Therefore, tell him - -

"Sure, I'll be glad to dismiss the case. However, I feel I'm entitled to the $1000.00, plus $50.00 interest. And then, there's the matter of my court filing fee that I want back. So, if you're willing to settle for $1,150.00, and if your check "clears" my account, then I'll be glad to dismiss the lawsuit. Otherwise, we'll see you in court and I'll get a judgment against you that will go on your credit report. So, what's it going to be?"

IAAL

A couple of days have come and gone.... did he ever show up with the $1000 and did you accept it??

Yes, it is a happy ending. The roofer, who obviously didn't want his name to appear in the court records of our local paper, came on Saturday, not only with a certified check covering the $1000 that I gave him, but also the court costs of $40. That amount of $1040 was on the court copy that he would have received.

However, he didn't mention anything about the court date and even suggested a few names of roofers he knew, who could do the job. He said his problem had been a bad back. I wished him well and ran to the bank. The check was fine.

Thanks for asking.

Good for you!!
Glad that this roofer recognized his responsibility.