Suing Tree Company?

[nkumar7]

What is the name of your state (only U.S. law)? GA

Not sure if I have a case or not. A few (3-4? not sure) months ago my wife signed up on a local tree company's website for free mulch. The form confirmed that the message was sent and an email confirmed that they would contact us with further details. Many months passed with no word, we ended up getting mulch from Home Depot.

One day, come home to find a huge pile of mulch dumped in our yard. Our mistake- we didn't contact them to remove our request. Their mistake- they never contacted us to check if we still needed it. The owner was on vacation when this happened and when he came back, he insisted his guys would have called (they never left a message if they did call, and neither me nor my wife ever recall getting a phone call- so we were never informed as far as we know). He told me on the phone he has no record of when we made the request, as he prints it out and gives it to his drivers. If push came to shove he might be able to dig this out for court, is my guess. He has no desire to make this right.

Do I have a case to make and sue him for the cost of spreading the mulch? I am planning on hiring some workers to spread it, and I estimate it will cost me $150-200. We could still spread it in various places in our front/back yard even though now we don't need it.

Additionally, the pile is almost certainly causing damage to the groundcover it has been dumped on top of. I've started moving it myself but I just don't have the time to do it all.

EDIT: I realize it's a small amount but the intention is to send a demand letter and then I supposed to go small claims if the guy doesn't want to budge.

 

[swalsh411]

You're kidding right?

You asked for mulch. You got much. Not his fault you got some on your own. How was he supposed to know that?

Have you heard of craigslist?? Put up an ad in the free section and somebody will come take it.

Self-entitled demanding jerks like you will end him giving away mulch.

 

[BL]

Really, what would you have done if you had not bought your own?

Spread it yourself ,right ?

Now you want them to pay to have it spread.

Oh brother.

 

[nkumar7]

Thanks for the kind answers gentlemen. I like how you stayed away from name calling very mature.

The point remains that they were supposed to contact us before delivery, like the confirmation email said. Simple. What if 6 months had passed? How about 1 year? Is it reasonable to come and dump the load without contacting us?

Is it unreasonable on our part to expect a heads up, especially if that's what the email tells us to expect?

 

[Silverplum]

Q for P.

Just because I can hardly believe it.

What is the name of your state (only U.S. law)? GA

Not sure if I have a case or not. A few (3-4? not sure) months ago my wife signed up on a local tree company's website for free mulch. The form confirmed that the message was sent and an email confirmed that they would contact us with further details. Many months passed with no word, we ended up getting mulch from Home Depot.

One day, come home to find a huge pile of mulch dumped in our yard. Our mistake- we didn't contact them to remove our request. Their mistake- they never contacted us to check if we still needed it. The owner was on vacation when this happened and when he came back, he insisted his guys would have called (they never left a message if they did call, and neither me nor my wife ever recall getting a phone call- so we were never informed as far as we know). He told me on the phone he has no record of when we made the request, as he prints it out and gives it to his drivers. If push came to shove he might be able to dig this out for court, is my guess. He has no desire to make this right.

Do I have a case to make and sue him for the cost of spreading the mulch? I am planning on hiring some workers to spread it, and I estimate it will cost me $150-200. We could still spread it in various places in our front/back yard even though now we don't need it.

Additionally, the pile is almost certainly causing damage to the groundcover it has been dumped on top of. I've started moving it myself but I just don't have the time to do it all.

EDIT: I realize it's a small amount but the intention is to send a demand letter and then I supposed to go small claims if the guy doesn't want to budge.

 

[Mass_Shyster]

Call them up and tell them to come remove the debris they left on your property. If they do not, pay someone to remove it (not to spread it) and send them a bill for your cost of the removal. If they don't pay, sue them in small claims court.

A four month delay is unreasonable.

Or, put an an on craigslist and give it away.

 

[BL]

Thanks for the kind answers gentlemen. I like how you stayed away from name calling very mature.

The point remains that they were supposed to contact us before delivery, like the confirmation email said. Simple. What if 6 months had passed? How about 1 year? Is it reasonable to come and dump the load without contacting us?

Is it unreasonable on our part to expect a heads up, especially if that's what the email tells us to expect?

You said you could still use it in spots .

Nothing like free.

 

[swalsh411]

I can just imagine the owner of the tree company putting his head in his hands and going "oh why do I even bother" every time he has to deal with the OP.

Craigslist is the way to go here.