Small Claims for Stop Payment

[fabricator]

State of Ohio. I am presenting a small claims suit for fabricating and installion of a wrought iron railing on private property. This was in May of 2010. They were more than happy with my work and presented me with a check for payment, this was on Friday. Monday, they stopped payment on the check claiming faulty workmanship, he said he had it inspected and found lots wrong and he would have them corrected and send me the balance remaining. I ask to see this inspector, view the list of complaints and I would address them and repair them myself. He would not allow me on his property. I have not heard from him, so I mailed 2 seperate invoices for full payment within 30 days of each. I had a lawyer send him a scare letter for payment. He would not answer my attempts to collect or take my calls. So I am goint to small claims, he has retained a lawyer, should I be getting a lawyer too, it is only $ 1350.00 and the costs would not be worth the win. I received a letter from the court for a hearing in November and a trial in December? WHY? ALso one of the defendants granted leaave to file answer and counterclaim, what does that mean to me? Confused, I thought we just went before a judge and told our sides for the truth.What is the name of your state (only U.S. law)?

 

[davidmcbeth3]

I, as a consumer, follow the same procedure(s) as your client. 1) he stopped payment 2) he let you know why. I don't let the same people attempt to fix the errors they make. But I do pay the original worker for his fee less any additional costs of a second tradesman's fees. So, if I hired contractor A to do a job & he mucks it up; I hire contractor B to fix it. If A charges 100 dollars and B 25 dollars then I pay contractor A 75 dollars and B 25 dollars. (if B charges me 125 dollars then A gets zero and B gets 125 & A may get a civil suit for the difference). So there currently is a question between your opinion of the work & your client. A counterclaim is likely a "complaint" against you. How much is the countersuit for? You may wish to continue prose -- you should ask the court for permission to conduct discovery (call the clerk to see if you NEED permission in small claims & if you can do this in NOV & then likely the dec trial date will be moved back ~ 60 days). If you want discovery, then have the document ready for the court to see if he asks for it (don't show him unless he sounds like he is not going to allow it). With a counter-claim the judge should allow discovery for sure. If you are a LLC you may not be able to represent your business in the complaint (likely would be able to with the countersuit) - if you are not a LLC or Corp. you should be able to represent yourself - you can ask your attny.

 

[swalsh411]

You can't just stop payment on a check because you are not satisfied with the work. That is very dangerous ground to tread. I suspect the OP will win.