What is the name of your state (only U.S. law)? Florida
I made an agreement with someone to paint a car of mine for $3,200. I paid them half and wrote on the check "half of payment". We never signed a contract and it's not a business, just a person. For a job that should have taken about two weeks, we are not on the three month point. At the begging, he asked if I could help remove the bumper, light covers, tail lights and a few other things. I don't know why, but I agreed and did. After calling and emailing many times and asking when the job will be done, he said it is, but he ended up masking many areas of the car for it to be painted instead of removing the parts to get the best possible paint job as we verbally agreed. Also, he wants me to come back and put the parts back on which I took off three months ago. I don't think the job he preformed constitutes $3,200. I actually don't want to pay him anymore now. My questions is, do I legally need to pay him first then try to get my money back via small claims, or can I just withhold anymore payments as I think we are even? Remember, no written contract, just one check that has "half of payment" written on it, but I don't think he noticed and/or remembers that since it was 3 months ago. (State: Florida)
Thanks for any advice
I made an agreement with someone to paint a car of mine for $3,200. I paid them half and wrote on the check "half of payment". We never signed a contract and it's not a business, just a person. For a job that should have taken about two weeks, we are not on the three month point. At the begging, he asked if I could help remove the bumper, light covers, tail lights and a few other things. I don't know why, but I agreed and did. After calling and emailing many times and asking when the job will be done, he said it is, but he ended up masking many areas of the car for it to be painted instead of removing the parts to get the best possible paint job as we verbally agreed. Also, he wants me to come back and put the parts back on which I took off three months ago. I don't think the job he preformed constitutes $3,200. I actually don't want to pay him anymore now. My questions is, do I legally need to pay him first then try to get my money back via small claims, or can I just withhold anymore payments as I think we are even? Remember, no written contract, just one check that has "half of payment" written on it, but I don't think he noticed and/or remembers that since it was 3 months ago. (State: Florida)
Thanks for any advice