Suing a neighbor for work not completed

What is the name of your state? Maryland

Good evening all. I think I will be filing suit in small claims court, I just need to know if I really have a case. Here is the skimmy on my situation. Last year a neighbor who had been cutting my yard on a regular basis offered to do some work for me around my house. It is a pretty extensive list of things but the major things were installing backer rod in my attic, installing gutter guards, vacuuming air ducts, caulk windows, replace and nail down flashing. This result in my writing two checks totalling a little over 400.00.

In any case, I found out after he had received payment that he actually didn't install the gutter guards and backer rod. I later found out that backer rod is used for log cabins and sealing of expansion joints, which I don't need in a townhouse, because it could lead to warping and rotting of wood and mold growth because there wouldn't be any air flowing through. In any case, I have made two attempts to speak with him about the situation and the second time he stated he refund my money. That has been over a month, so today I sent him and his father(who cashed the checks) a note informing them both that if payment is not received by July 2nd that I will have no other recourse but to file suit naming them as defendants.

I have cancelled checks, the list that I wrote out listing all the things he said he would do for me for the price that he named and I will be taking pictures of the things that he didn't do with the acception of the gutters, because I paid someone else to do the work.

Also I would like to know if this man comes to talk to me is it legal for me to record face-to-face conversations? Or should I request that he respond to me in writing?

today I sent him and his father(who cashed the checks) a note informing them both that if payment is not received by July 2nd that I will have no other recourse but to file suit naming them as defendants. [ quote ]

You've already sent them a demand letter. You should not send them another one.

If they contact you tell them the only thing that will stop you from taking legal action is for them to pay you with a valid Certified check , money order , or cash which you will give them a receipt for ( keep a copy ).

The only thing that needs to be done now is Fallow through if you do not receive payment by that date .

Demand Letter and recording conversations

>>You've already sent them a demand letter. You should not send them another one.

If they contact you tell them the only thing that will stop you from taking legal action is for them to pay you with a valid Certified check , money order , or cash which you will give them a receipt for ( keep a copy ).<<

In my demand letter I told them I would like a certified or cashier's check sent certified mail. My other question is, is it legal to record face-to-face, in-person conversations? I live in Maryland.

Dreadlockednmd

Of course you can record them.... simply hold out the recorder, say you are recording and go for it.
However, if you mean can you SECRETLY record them and then use that tape in court, the answer is no. Maryland is a 'two-party' state meaning that both parties must know of the recording.

"Md. Code Ann., Courts and Judicial Proceedings § 10-402: It is a felony to intercept a wire, oral or electronic communication unless all parties to the communication have consented. But all-party consent will not make the recording legal if there is a criminal or tortious purpose behind it.

Disclosing the contents of intercepted communications with reason to know they were obtained unlawfully is a crime as well.
"State courts have interpreted the laws to protect communications only when the parties have a reasonable expectation of privacy, and thus, where a person in a private apartment was speaking so loudly that residents of an adjoining apartment could hear without any sound enhancing device, recording without the speaker's consent did not violate the wiretapping law. Malpas v. Maryland, 695 A.2d 588 (Md. Ct. Spec. App. 1997); see also Benford v. American Broadcasting Co., 649 F. Supp. 9 (D. Md. 1986) (salesman's presentation in stranger's home not assumed to carry expectation of privacy)."

I'm not sure about that.Someone else may know.

I think you have a good case though ,based on your post.

They have no right to keep your money if they did no work for it .