A
a neighbor
Guest
What is the name of your state? Maryland
Praecipe means I got screwed AGAIN. I'm going to learn how to laugh about this one day, but currently I'm not. I finally made it to small claims court with the attorney, and him not giving me proper/sound legal advice as to my remedies concerning tree cutting under Maryland Law. 5 hours of mediation, and he stuck to his guns of owing another $1200, already paid $750.
So we go before the Judge and he asks me why I don't owe, and I explained the circumstance, and that I fired the attorney and dismissed the case myself. The judge then in turn brought up on his computer Maryland Law regarding the tree issue (less than 2 minutes) and asked the attorney why did he dismantle my car for an oil change??? Being the STUPID attorney he is, he told the Judge I told him to do it!! DUH!
So the Judge at this point is playing devils advocate (mediator), he explains that this is malpractice, and I'm thinking GOODIE!! BUT, I don't have an expert witness he says, and I can't use his expertise *shaking head as I was hit by a brick* He then takes the flip side to this and says "just because you don't like the service is no reason to not pay for it!" *shakes head again was hit by a NEW brick* I guess I thought I have small claims court all wrong, thought it was the weight of evidence (which I had and the Judge agreed with it), and that the evidence didn't have to be as much as for a criminal trial??
But the Judge decided he wasn't worth what he was asking, and then to add to the MANY mistakes this attorney made, he told the Judge that to take $350 off the total because I gave him a $350 check in Feb. He doesn't even remember or know (?) I CANCELED it in Feb! *snickers* So the judge brought the total down to $475, paid in 6 monthly installments (time is of the essence, the attorney must have said this 50 times?) at $79.16. If I don't pay or fail to make a payment I'll get dragged back into court for the full amount of $867. And made a stipulation that I cannot sue the attorney for anything.
So in hindsight, I could have jumped up and asked for continuance and hire an attorney and fought the malpractice, but it would have cost me way more in the end.
So lets see here, $750 retainer, $475 Praecipe, $495 to cut the trees, Total $1720! And let's not forget damage to my vehicle $400 heater core caused by debris, and unknow cost to repair door in which debris fell in the drain track and caused rusting in door, unknown cost to fix. Can someone offer me the life's lesson I'm supposed to have learned from this, Cause I may NEVER get it?!?!?!
Oh, and I still don't know what PRAECIPE really means???
Praecipe means I got screwed AGAIN. I'm going to learn how to laugh about this one day, but currently I'm not. I finally made it to small claims court with the attorney, and him not giving me proper/sound legal advice as to my remedies concerning tree cutting under Maryland Law. 5 hours of mediation, and he stuck to his guns of owing another $1200, already paid $750.
So we go before the Judge and he asks me why I don't owe, and I explained the circumstance, and that I fired the attorney and dismissed the case myself. The judge then in turn brought up on his computer Maryland Law regarding the tree issue (less than 2 minutes) and asked the attorney why did he dismantle my car for an oil change??? Being the STUPID attorney he is, he told the Judge I told him to do it!! DUH!
So the Judge at this point is playing devils advocate (mediator), he explains that this is malpractice, and I'm thinking GOODIE!! BUT, I don't have an expert witness he says, and I can't use his expertise *shaking head as I was hit by a brick* He then takes the flip side to this and says "just because you don't like the service is no reason to not pay for it!" *shakes head again was hit by a NEW brick* I guess I thought I have small claims court all wrong, thought it was the weight of evidence (which I had and the Judge agreed with it), and that the evidence didn't have to be as much as for a criminal trial??
But the Judge decided he wasn't worth what he was asking, and then to add to the MANY mistakes this attorney made, he told the Judge that to take $350 off the total because I gave him a $350 check in Feb. He doesn't even remember or know (?) I CANCELED it in Feb! *snickers* So the judge brought the total down to $475, paid in 6 monthly installments (time is of the essence, the attorney must have said this 50 times?) at $79.16. If I don't pay or fail to make a payment I'll get dragged back into court for the full amount of $867. And made a stipulation that I cannot sue the attorney for anything.
So in hindsight, I could have jumped up and asked for continuance and hire an attorney and fought the malpractice, but it would have cost me way more in the end.
So lets see here, $750 retainer, $475 Praecipe, $495 to cut the trees, Total $1720! And let's not forget damage to my vehicle $400 heater core caused by debris, and unknow cost to repair door in which debris fell in the drain track and caused rusting in door, unknown cost to fix. Can someone offer me the life's lesson I'm supposed to have learned from this, Cause I may NEVER get it?!?!?!
Oh, and I still don't know what PRAECIPE really means???
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