Being Sued for lawn services

[rachel1014]

What is the name of your state? new york
I have had a landscaper for almost a year. He cut my grass and gets ready for the seasons. I used him and was paying $60 per month plus some fees throughout the year for seasonal. I had a $130 balance that I never paid and he had stopped his services. I paid $65 in a check and wrote half of balance on it in which he cashed.I explained to the woman who was in charge of the payment that I wasn't going to be able to pay the balance in full and I would send her a check as soon as I could. Well 1 1/2 months now and he is suing me for an amount I don't even owe. He has filed a suit for $500 in small claims and I just got the info in the mail. I only owe him the $65 and that's really all can do now. I was planning on using him but again but when he didn't return when the season started I had to hire a new landscaper in which I am paying.DO I need a lawyer? What do I do? Thank you

 

[BL]

Figure out what your contract stated , from dates to dates .
Then see if it ads up to $500.00 , you would have owed on it .
You apparently breached your contract by not paying in full when payment was due .

 

[rachel1014]

still confused

thanks for the response I found a contract and it doesnt add up to that amount.they have $100 for the start up which he didnt do i guess because i had a past due blance at the time. And it states $15 per week.i have paid for all of the services he did with the exception of the $65 balance. would that still give him the ok to sue for $500 and will I be forced to pay that ?the bottom on contract says if you default you agree to pay reasonable fees and expenses allowable by law to attorneys. Do you really think being 2 months behind with me speaking to them telling them i needed some more time, that i will be reasponsible for this amount?thank you again

 

[weenor]

thanks for the response I found a contract and it doesnt add up to that amount.they have $100 for the start up which he didnt do i guess because i had a past due blance at the time. And it states $15 per week.i have paid for all of the services he did with the exception of the $65 balance. would that still give him the ok to sue for $500 and will I be forced to pay that ?the bottom on contract says if you default you agree to pay reasonable fees and expenses allowable by law to attorneys. Do you really think being 2 months behind with me speaking to them telling them i needed some more time, that i will be reasponsible for this amount?thank you again

Yes you are responsible. It's called the cost of collection.

 

[You Are Guilty]

Just because you're being sued doesn't automatically mean you owe that money. Although you might - if there are late fees or attorney's fees thrown in there, it might add up to more than the outstanding $65 balance.

Collect all the documents you have that show the only balance is $65 and present them to the court on the date listed in the summons. That is your defense.

{edit}
I see you edited your post. With that contract language thrown in, it might be time to try to work something out with them. $450 in attorneys fees is pretty cheap - some lawyers charge that for just one hour's worth of work.

 

[rachel1014]

thanks so much

i really appreciate the advice. wow my credit cards don't even do this. one more question can i still work out a deal?i didnt know if i could based on the stage it was in?

 

[BL]

i really appreciate the advice. wow my credit cards don't even do this. one more question can i still work out a deal?i didnt know if i could based on the stage it was in?

You can ask ... But the time to discuss it was before just sending $65.00 , or letting the bill get to 130.00.

Landscaping is not an easy job , and like any business they expect to be paid , and just not ignored , especially where contracts are concerned .

If they've already paid a Lawyers fee , don't count on any deals .

 

[weenor]

i really appreciate the advice. wow my credit cards don't even do this.

They will if they have to sue you to collect.

one more question can i still work out a deal?i didnt know if i could based on the stage it was in?

It never hurts to try to deal at any stage. If the other party agrees to settle, insist that the case be dismissed.

 

[You Are Guilty]

It never hurts to try to deal at any stage. If the other party agrees to settle, insist that the case be dismissed.

You can absolutely offer a "deal" now, or at any time before the hearing. In fact, most arbitrators will let you (and even encourage) you to settle during the hearing. The sooner you do so, the more beneficial it is to you, as there will be less time for their lawyers to work on the case.