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being sued for work not done

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M

madhomeowner

Guest
What is the name of your state? Minnesota. my spouse and I entered a verbal agreemant for an acquaintance to repaint cabinent doors in our home as well as build wood arches and other misc. woodworking in our home. he quoted a price of $2,200 and said all the work would be completed in a month. he said he needed an advance of $1,000 for materials- so we gave him a check. when the time came to reinstall the cabinet doors a month later they weren't done- he eventually reinstalled the cabinet doors a month after the initial due date. but before he installed the cabinet doors, he said he needed another $1,000 - (we paid him$750 instead-) since he had a lot more work to do . when he was reinstalling the doors, he said everything else was done and he only had to paint the arches and everything else- (he would get them in to us in a couple of days) when that time came he said he had not even started the wood arches. he continually lied to us during the entire process. we were very angry since we were in the process of selling our house. we said since you hadn't started anything we would not be using him to complete the project and we thought that the money we overpaid was a lesson learned. he is now suing us for the remaining money that he feels is owed to him, even though in our verbal agreement he did not perform all of his said duties. i want to mention that in the suit he does not mention the completion of the arches and misc. woodwork only the repainting of the cabinet doors. it's his word against ours. what should we do and have prepared for small claims court? should we counter suit ?(he did break some china and stained our carpet in the process of his work) can i find out if he's done stuff like this to other people???? as a private citizen can i file a 1099 so that he would need to claim the income on his taxes(we paid him by check)- he seems to be the type that wouldn't claim it.
 


BL

Senior Member
You should have now learned a valuable lesson.

Get ALL contracts in writing with all the specifics written down.

Stick to the contract and don't change it .

Now . You paid by check which is good .

You must now take pictures ,any notes , witnesses, etc. to court with you.

You must also get some kind of estimates to show if the money you paid him was excessive for the job(s) he preformed.

If so counter sue him for the return of a portion you paid him for the Job(s) that were not completed .
 
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HomeGuru

Senior Member
Blonde Lebinese said:
You should have now learned a valuable lesson.

Get ALL contracts in writting with all the specifics written down.

Stick to the contract and don't change it .

Now . You paid by check wich is good .

You must not take pictures ,any notes , whitnesses, etc. to court with you.

**A: why not?
*********

You must also get some kind of estimates to show if the money you paid him was ecessive for the job(s) he preformed.

If so counter sue him for the return of a portion you paid him for the jod(s) that were not completed .
**A: you normally spell ok.
 

BL

Senior Member
Response: My good Friend IE spell was down .

I haven't been myself lately , and for some odd reason my abilities are regressed from earlier days .

Maybe it's the meds ?

Now that my Friend is back to his old self i will call on him to help me.

An edit is in order too .

What was i just doing ?? :D
 
M

madhomeowner

Guest
:confused: I also want to know if we can issue him a 1099 for the work we paid him in 2003 without having his social security number? I also thought that verbal contracts were just as binding as written contracts- If I got him to confess to his lying via recording a conversation on a hidden recording device, can that be admissable in court?
 

BL

Senior Member
I also thought that verbal contracts were just as binding as written contracts [ quote ]

Only if the other Party absolutely agrees with it "verbally" in the court of Law.

Otherwise it's your word against his what work was to be preformed , how much he was to be paid,Etc.

Now with a signed written contract by both parties , laying out the specifics , the only thing would be to determine if he breached the contract and if so how much if any was he over paid and if you are owed any money in return , plus any damages from superficial work he preformed.

Again file a counter suit with his lawsuit to be heard at the same time, and prepare your evidence.

As far as filing the other, I myself know nothing about it .
 
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