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customer won't pay

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E

EMUMAN

Guest
minnesota. i am a plumber. we roto-rooted a sewer for a man. he was told before hand that we charge $100. per hr.
now he won't pay because he said it didn't do any good because he had to have the line replaced later. we have no written contract. if we take him to court will we win?
 


T

Third Party

Guest
I disagree. You have a case.

I am no attorney, but I must disagree with IAAL. Getting a contract signed per client would be too time consuming. If you are called for service, your intent is implied. You rendered a service on certain terms. Whether an oral contract or not, if there was agreement with consideration, then this is a contract. If the offeree wishes to not pay after this contract had been established, then they are in breach of contract. I good analogy would be you are a mechanic. You changed the oil on the car. Then the owner decides to replace the car with a new one because the current car is falling apart. He then doesn’t opt to pay any of his bills on the car. Obviously the owner still owes you for the services rendered. I recommend taking this person to court and sue for the bill plus court cost.

The problem associated with this is that obviously they may attempt to deny that this contract and/or those terms were ever discussed. I recommend that you attempt to... well... trick them. It appears that this person is lying, thus they would have no problem with doing it in a courtroom. Send him a letter requesting payment. Within the letter sneak in a few terms of the contract. When people respond to these letters they acknowledge that a contract had existed. It is not much evidence, but for a small claims court, it would most definitely help. Again, otherwise you are looking at the very-damaging possibility of total denial from the defendant.

To look into this matter more, it would be important to know, did he consult you as a plumber before replacing these pipes? I suspect he did not. If he never, a small claims court may chalk a mark for you, for if the owner had a problem with the services rendered, he should have consulted you before altering the environment. Otherwise, you would be unable to attempt to fix the possible mistake. If you can associate the reasoning of replacing the pipe as different than the services you rendered, the court would also have an easier time making a judgment in your favor.


A$$ Saver aka…
Disclaimer:
I hope this is tidbit of fiction is helpful. Again, I am not an attorney. Do not perceive this as legal advice. You should consult an attorney to answer your questions. Do not rely on this advice. Forget you ever read it. You are not a client. I am not an attorney. This is merely babble in the wind.
 

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