what if I avoid service?

[ostrander8633]

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

I have an accountant trying to sue me for a bill I have paid what I feel is fair charges on(I paid him $160, he is trying to charge me $1400 for tax prep.
He is trying to have me served. I have not intentionally avoided the service, but the court officer first left his business card taped to my door to call him and now has taped some very threatening letter on my door to call him. What options do I have if I don't call him? I really don't want to make any of this easy for this jerk.

$1400 is still small claims court, correct?

 

[tranquility]

You pay less than 12% of a bill and *he's* a jerk? What is your defense to the bill, you didn't think it should be that much? Be prepared to pay the bill, court fees and interest on the amount. And, depending on your retainer, attorney fees as well.

Anyway, you can try to avoid service without penalty, but they will serve you at some point. The court will be of the accountant's choosing and he might choose small claims.

 

[HomeGuru]

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

I have an accountant trying to sue me for a bill I have paid what I feel is fair charges on(I paid him $160, he is trying to charge me $1400 for tax prep.
He is trying to have me served. I have not intentionally avoided the service, but the court officer first left his business card taped to my door to call him and now has taped some very threatening letter on my door to call him. What options do I have if I don't call him? I really don't want to make any of this easy for this jerk.

$1400 is still small claims court, correct?

**A: move to Canada for 2 years. That will make the jerk suffer trying to find you.

 

[racer72]

You can be served by registered or certified mail too. Registered mail does not require your signature, just USPS delivery confirmation. This is considered a last resort but is a valid way to deliver a summons to folks like you.

 

[ostrander8633]

my defense

folks like me? wow, I am the guy getting screwed here. Thanks!

my defense is this: out of college I bought a rental property(duplex i lived in). Since I know nothing about tax filing for a rental I decided to see an accountant who could do so. all the work is involved in setting the property up the first year. So, for my first prop, he did my taxes for $300 approx. After that, he would send me an organizer each year where I am to fill in what has changed from the previous year. After that, it's plug and play. this gentleman charges $130/hr. I have never entered into a contract with him.
After 3 years of owning this property, I bought another one(duplex). I also got married that year and had alot of uncovered med. bills etc.
That year, he does my taxes and charged me $2000. I balked at first and did not understand how my hours into a return went from roughly 2.3 to over 7 times that!! I attributed it to all the changes in my circumstance and I paid him, promptly as I always have( I never paid him later than the due date on the bill).
The next year, he does my return again and then sends me a bill for $1400(the one in question). I was furious because I had put 2 hours into the client organizer updating the changes. All he had to do was plug and play.
I just happened to be lamenting my tax bill with a friend who also has rentals(4 in fact) and he fell over when I told him what I paid.
He recommended me to another accountant who looked over the return and told me it was so straight forward that he wouldn't put more than 2 hours into it $75/hr. So, I took his assessment of $150 worth of work and I paid him $160.
I have had several conversations with his office asking for a detailed breakdown of hours and never rec'd it. He must be hurting for money, because it's been almost 2 years since I made my payment. By the way, the guy who I was referred to has charged me consistently $150 the last 2 years to do my taxes for both properites.
I can bring this accountant into court with me to testify as to the padding in the bill.
I have not made contact with the court officer. Should I? What does service in absentia mean....he will post it in the paper?

I had read somewhere that if they had the hearing without me, I could contest the default ruling claiming a civil rights violation, that I was not served?

Thanks!

 

[seniorjudge]

If you avoid service, then you will be served by publication, posting, mail, etc. and a judgment will be entered against you.

At that point, you would have to file a motion in the court to set aside the default judgment and state the reason(s) why you want that.

For example, you would say you had a defense.

The judge would then say, "So why did you avoid service? Motion overruled."

 

[HomeGuru]

folks like me? wow, I am the guy getting screwed here. Thanks!

my defense is this: out of college I bought a rental property(duplex i lived in). Since I know nothing about tax filing for a rental I decided to see an accountant who could do so. all the work is involved in setting the property up the first year. So, for my first prop, he did my taxes for $300 approx. After that, he would send me an organizer each year where I am to fill in what has changed from the previous year. After that, it's plug and play. this gentleman charges $130/hr. I have never entered into a contract with him.
After 3 years of owning this property, I bought another one(duplex). I also got married that year and had alot of uncovered med. bills etc.
That year, he does my taxes and charged me $2000. I balked at first and did not understand how my hours into a return went from roughly 2.3 to over 7 times that!! I attributed it to all the changes in my circumstance and I paid him, promptly as I always have( I never paid him later than the due date on the bill).
The next year, he does my return again and then sends me a bill for $1400(the one in question). I was furious because I had put 2 hours into the client organizer updating the changes. All he had to do was plug and play.
I just happened to be lamenting my tax bill with a friend who also has rentals(4 in fact) and he fell over when I told him what I paid.
He recommended me to another accountant who looked over the return and told me it was so straight forward that he wouldn't put more than 2 hours into it $75/hr. So, I took his assessment of $150 worth of work and I paid him $160.
I have had several conversations with his office asking for a detailed breakdown of hours and never rec'd it. He must be hurting for money, because it's been almost 2 years since I made my payment. By the way, the guy who I was referred to has charged me consistently $150 the last 2 years to do my taxes for both properites.
I can bring this accountant into court with me to testify as to the padding in the bill.
I have not made contact with the court officer. Should I? What does service in absentia mean....he will post it in the paper?

I had read somewhere that if they had the hearing without me, I could contest the default ruling claiming a civil rights violation, that I was not served?

Thanks!

**A: in absentia means the absence of thought or out of ones mind.