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Small Claims - Counter Suit

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super-d

Junior Member
What is the name of your state? Indiana

Hello. I'm looking for so information and I hope I can find it here.

I sued a local contractor for about $800 in Small Claims. He is now counter suing me for $1000. The $800 from my claim was for the work he quoted me for $300 and an additional $100 for equipment damages which we later found out OR suspect where false. A days wages because he said he would be out on a certain day and I took off to be there and he never showed, money to finish the job by another contractor and fees for equipment I rented but couldn't use because he did not finish the job. His verbal quote was for $300. His counter suit says I was supposed to pay him $1400 and not $400.

I paid him $400, which was $300 for the work and $100 for the equipment damage (which I now know I shouldn't have). My brother was there when I wrote him the check. There was no mention of any other funds being owed to him. He didn't finish the job and said he would be back. After several calls in two weeks he NEVER returned any of my calls and the only time I got to talk to him was when I called him early in the morning and he said he would be out there the next day which is the day I took off from work. He never called me to say I owed him more money, never sent a bill or invoice with any amount and again when I wrote the check for $400 he never said anything about there being more money owed. You would think if someone owed you $1400 and they were writing a check for $400 you would say something.

I finally had to call another contractor to come and finish the job. I kept a very detailed log of all the events with days I called, days things happened and any other information I thought I should keep. After I filed a small claims law suit against him he called. I guess it might be lucky for me if I can use it but he left a message on my cell phone voice mail, cleary identitying himself and stating I was suing him for $800 for a job he did for a lot less. I have all my receipts, checks, vacation request form and a digital recording of the message he left me.

I had a quote to do the work for $325 and tried to save a buck and get this guy for $300. Big mistake.

I believe my paperwork is in order but I'm being sued for the $1000.00 plus his attorney fees.

My question is if I hire a lawyer it may cost me more than my original law suite. In my opinion I believe I have enough "evidence" to prove he is lying. #1 Why get a quote for $325 and then take the quote for $1400. #2 The voice mail on digital tape says he did not charge me $1400. I have a bench trial scheduled in August. Do I really need a lawyer to fight my case? Can I go in and present all the information I have or should I get some sort of representation? If I can do this my self is there anything I need to do to prepare myself?

Any information will be greatly appreciated. If you need more details just ask.

Thanks in advance.
David
 



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