confused_in_az
Junior Member
What is the name of your state (only U.S. law)? Arizona
Sorry, hope this isn't too long
I just want to provide full detail as I actually have two questions about this.
October 2007 my husband did some work for a woman who had a leaking shower. A couple weeks later she called him back to do another job, installing an air conditioner.
May 2008 we received a notice that a guy he wasn't familiar with was suing him for $800! After some research, we finally figured out that he was the father of the woman my husband had worked for. They claimed he hadn't tightened down his work, which caused damage to their property. They also claimed they tried to call him, and he never responded! Neither of these things could be true. 1. Nothing needed to be tightened. The parts were all things that get glued down. And if glue doesn't take, you know right away. 2. They did call him, but not to complain about the work he did. They called him to do MORE work for them. According to the time frame they provided, the problem with his work was immediate. So why wouldn't they have said something when he was AT their house doing more work. In fact, why ask him to do more work if you think his initial work was substandard? In either event, that in itself proves they are lying about not being able to get a hold of him.
Since the person had sent the claim to the wrong address, the claim was dismissed by the time we got it. So they filed a SECOND claim for the same thing, again to the wrong address, this time asking for $950. Then he had someone serve us at our house, at the correct address. My husband responded to the claim and waited to hear a court date.
At court my husband presented everything perfectly (from what I hear, I wasn't there,) making all the points that needed to be made. The guy told the lie again that he tried to contact my husband and couldn't get a hold of him, then ADMITTED to the judge that yes he did have him to more work. (Side note, isn't that openly perjuring himself??) The judge asked him (repeatedly) that if that was true why didn't you tell him while he was at your house? The guy never answered the judge, he just kept repeating that he tried to call.
So they were told they would get letters about the judgment. When the letters were sent, they were sent (again) to the wrong address. Finally my husband called the court and found that out, and was able to get a copy. The judge awarded the plaintiff (who had bold faced, clearly & openly lied to the judge) $563.00 including court costs!
So now we get a letter from the guy (again sent to the wrong address, but eventually found its way here) that reads as follows:
As of this date you are in receipt of the court's letter stating the judgment amount of $563, including court costs. It is our right to pursue the collection of said amount. We wish to be paid in full with no payments. We will give you a month from the receiving of this letter to pay the judgment.
If after the month you do not comply we will proceed with an attachment of your real estate property. You may respond to this letter by mail, or call our home at XXX-XXXX.
If we do not hear from you within the week we shall proceed as stated.
So I have 2 questions.
#1 Is there any way of fighting this judgment? It's my understand that you can not appeal a small claims court judgment, but I am not sure. Perhaps based on his blatant perjury? If we can't appeal, would there be any kind of grounds for a counter suit?
#2 Are we obligated to fulfill their demand of full payment? We are in a terrible financial situation right now (in fact, the grace period to get my mortgage payment in expired today) and would not be capable of doing so. If we don't have to comply with their demands, what is the minimum payment arrangement we could make if we are unable to appeal or counter sue?
Time is of the essence here. Thank you in advance for any assistance!
~Sandy
Sorry, hope this isn't too long
I just want to provide full detail as I actually have two questions about this.October 2007 my husband did some work for a woman who had a leaking shower. A couple weeks later she called him back to do another job, installing an air conditioner.
May 2008 we received a notice that a guy he wasn't familiar with was suing him for $800! After some research, we finally figured out that he was the father of the woman my husband had worked for. They claimed he hadn't tightened down his work, which caused damage to their property. They also claimed they tried to call him, and he never responded! Neither of these things could be true. 1. Nothing needed to be tightened. The parts were all things that get glued down. And if glue doesn't take, you know right away. 2. They did call him, but not to complain about the work he did. They called him to do MORE work for them. According to the time frame they provided, the problem with his work was immediate. So why wouldn't they have said something when he was AT their house doing more work. In fact, why ask him to do more work if you think his initial work was substandard? In either event, that in itself proves they are lying about not being able to get a hold of him.
Since the person had sent the claim to the wrong address, the claim was dismissed by the time we got it. So they filed a SECOND claim for the same thing, again to the wrong address, this time asking for $950. Then he had someone serve us at our house, at the correct address. My husband responded to the claim and waited to hear a court date.
At court my husband presented everything perfectly (from what I hear, I wasn't there,) making all the points that needed to be made. The guy told the lie again that he tried to contact my husband and couldn't get a hold of him, then ADMITTED to the judge that yes he did have him to more work. (Side note, isn't that openly perjuring himself??) The judge asked him (repeatedly) that if that was true why didn't you tell him while he was at your house? The guy never answered the judge, he just kept repeating that he tried to call.
So they were told they would get letters about the judgment. When the letters were sent, they were sent (again) to the wrong address. Finally my husband called the court and found that out, and was able to get a copy. The judge awarded the plaintiff (who had bold faced, clearly & openly lied to the judge) $563.00 including court costs!
So now we get a letter from the guy (again sent to the wrong address, but eventually found its way here) that reads as follows:
As of this date you are in receipt of the court's letter stating the judgment amount of $563, including court costs. It is our right to pursue the collection of said amount. We wish to be paid in full with no payments. We will give you a month from the receiving of this letter to pay the judgment.
If after the month you do not comply we will proceed with an attachment of your real estate property. You may respond to this letter by mail, or call our home at XXX-XXXX.
If we do not hear from you within the week we shall proceed as stated.
So I have 2 questions.
#1 Is there any way of fighting this judgment? It's my understand that you can not appeal a small claims court judgment, but I am not sure. Perhaps based on his blatant perjury? If we can't appeal, would there be any kind of grounds for a counter suit?
#2 Are we obligated to fulfill their demand of full payment? We are in a terrible financial situation right now (in fact, the grace period to get my mortgage payment in expired today) and would not be capable of doing so. If we don't have to comply with their demands, what is the minimum payment arrangement we could make if we are unable to appeal or counter sue?
Time is of the essence here. Thank you in advance for any assistance!
~Sandy