I'm being sued for disputed bill. If I pay before court, can they get a judgement?

[kbelton98]

Indiana

I have been in dispute with a landscaping company for about 3 weeks now. Initially it was authorization to complete the job, quality of work, no written estimate and refusal to provide me with supporting documentation for some of the materials. I paid a portion of the job (they didn't cash the check) until they provided me with the other information. They refused to and now have sued me in small claims court. I am terrified to go to court and lose based on the fact that they have lied and created false documents for the last few weeks. I do not want to lose in court and have my credit affected as I will be buying a new home soon.

If I pay the invoice in full prior to going to court, can they still get a judgement? What method of payment would best? If I pay them in full until I have have time to pull together evidence (getting quotes for what the work will cost to fix), can I sue them later for the damages?

 

[latigo]

Indiana

I have been in dispute with a landscaping company for about 3 weeks now. Initially it was authorization to complete the job, quality of work, no written estimate and refusal to provide me with supporting documentation for some of the materials. I paid a portion of the job (they didn't cash the check) until they provided me with the other information. They refused to and now have sued me in small claims court. I am terrified to go to court and lose based on the fact that they have lied and created false documents for the last few weeks. I do not want to lose in court and have my credit affected as I will be buying a new home soon.

If I pay the invoice in full prior to going to court, can they still get a judgement? What method of payment would best? If I pay them in full until I have have time to pull together evidence (getting quotes for what the work will cost to fix), can I sue them later for the damages?

Do you understand the purpose of the lawsuit? The claimant has sued you asking the court to enter a judgment in its favor and against your for money allegedly due and owing.

If you pay the amount that is claimed as owed, then there wouldn’t be any money due and owing to justify the court entering a money judgment against– Right?

As to your second question. No, you cannot sue the landscaping company latter.

If you have a cause of action (claim) against the landscaping company arising out of the same subject matter of their lawsuit, then you must cross claim or counterclaim in the same court action or your cause of action is deemed waived and abandoned.

Such are called compulsory counter claims (or cross claims - depending on the jurisdiction). And the reason it to avoid multiplicity of lawsuits.

Also if you have any defenses or offsets to the landscaping company’s claims, then you must present them in the same proceeding.

Note however, that Indiana allows litigants in small claims to be represented by an attorney.

So rather the capitulate to what you believe are illegitimate claims, why don’t you hire the attorney and make a proper defense and assert what cross claims you have?

 

[sandyclaus]

Indiana

I have been in dispute with a landscaping company for about 3 weeks now. Initially it was authorization to complete the job, quality of work, no written estimate and refusal to provide me with supporting documentation for some of the materials. I paid a portion of the job (they didn't cash the check) until they provided me with the other information. They refused to and now have sued me in small claims court. I am terrified to go to court and lose based on the fact that they have lied and created false documents for the last few weeks. I do not want to lose in court and have my credit affected as I will be buying a new home soon.

If I pay the invoice in full prior to going to court, can they still get a judgement? What method of payment would best? If I pay them in full until I have have time to pull together evidence (getting quotes for what the work will cost to fix), can I sue them later for the damages?

If you pay before going to court, they have no basis upon which to pursue a judgment. Essentially a judgment is the court officially saying that you owe the money the other side says you do. Obviously, if you have paid the amount they agree to accept as payment in full, you no longer owe them anything.

If you choose to settle and pay the amount they are asking, be sure to get a receipt showing that the amount paid is payment IN FULL, that this is the final payment, and that there are no additional amounts due and owing. Even if they say they are going to dismiss the case against you, GO TO COURT ANYWAY, unless you have contacted the court and verified that the case has been dismissed or is no longer on the calendar or docket. It is not unheard of for a plaintiff to settle their case, telling the defendant not to even bother showing up, then go to court and claim the case ISN'T settled, and get a default judgment against the defendant ANYWAY.

If you decide to go to court, keep this in mind - in a contract dispute such as you are having, they are going to have to provide documents with your signature agreeing to the amount they intend to charge you. Of course, if there was no specified dollar amount, and only an estimate was provided, and you agreed to allow them to proceed anyway, you will probably end up owing what they are demanding. In the future, never even let a contractor begin the work before you get everything IN WRITING and signed off.

 

[swalsh411]

If you lose, and promptly pay, it will not affect your credit. unpaid judgements do however.

 

[sandyclaus]

If you lose, and promptly pay, it will not affect your credit. unpaid judgements do however.

That's not true. The judgment itself will still show up on the credit report. It will, however, show that it has been satisfied.

 

[swalsh411]

That's not true. The judgment itself will still show up on the credit report. It will, however, show that it has been satisfied.

You're right I should have been more clear. A paid judgement does show but does not affect your credit score.