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  1. #1
    Ringobjingo is offline Junior Member
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    where does the law stand on non payment of services provided??

    What is the name of your state? Florida.
    It was roughly 8 months ago now since we stopped working for a certain individual. Right at that point, my husband billed him for the farrier work he had provided, shoeing and trimming the horses feet for our former employer. Now he refuses to pay, claiming he does not owe it. Fact, the work was done. He will not pay for this service. The bill was in excess of $3000.00
    Can anyone tell me where and under what section of Florida statute the law might refer to this and offer any advice on what I should do?
    Thank you.
  2. #2
    eerelations is offline Senior Member
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    Since you and your husband were not employees of this individual, you are not covered by federal or state employment laws. To get your money, you need to file a civil suit. If you can prove to the judge's satisfaction that

    a) you and/or your husband did the work, and
    b) you and your husband did not get paid for said work

    it's likely that the judge will rule in your favour.
  3. #3
    ecmst12 is offline Senior Member
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    Small claims court is probably the best way to go, if the amount is within the limit for your state.
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by eerelations View Post
    Since you and your husband were not employees of this individual, you are not covered by federal or state employment laws. To get your money, you need to file a civil suit. If you can prove to the judge's satisfaction that

    a) you and/or your husband did the work, and
    b) you and your husband did not get paid for said work

    it's likely that the judge will rule in your favour.
    And, c) That there was an agreement to provide said work in exchange for $3,000
  5. #5
    eerelations is offline Senior Member
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    You won't necessarily need to prove that there was an arrangement to pay $3,000 for the work performed. If you can prove that the work was performed, and that you weren't paid for it, and this guy can't prove that you agreed to do the work for nothing, you'll still probably get a ruling in your favour.

    I reco that you proceed to small claims court immediately (if indeed an amount of $3,000 isn't too high for your local small claims courts system - and it probably isn't) - there is a time limit on how long you can wait before filing a claim. Filing fees are reasonable and you won't need a lawyer. Just make sure you have all your documentation with you when you appear before the judge.
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by eerelations View Post
    You won't necessarily need to prove that there was an arrangement to pay $3,000 for the work performed. If you can prove that the work was performed, and that you weren't paid for it, and this guy can't prove that you agreed to do the work for nothing, you'll still probably get a ruling in your favour.

    I reco that you proceed to small claims court immediately (if indeed an amount of $3,000 isn't too high for your local small claims courts system - and it probably isn't) - there is a time limit on how long you can wait before filing a claim. Filing fees are reasonable and you won't need a lawyer. Just make sure you have all your documentation with you when you appear before the judge.
    I never said they wouldn't get *anything* - just that if they want $3,000 they need to prove there was an agreement to do the work for $3,000.00
  7. #7
    eerelations is offline Senior Member
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    And I was never disagreeing with you...I was actually just trying to clarify what you said.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by eerelations View Post
    And I was never disagreeing with you...I was actually just trying to clarify what you said.
    No problem
  9. #9
    russmort is offline Junior Member
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    What about Quantum Meruit?

    In addition to proving that the work was done and what about requirements to show the fees charged was fair and bringing in a whitness to testify under Quantum Meruit?
  10. #10
    BOR
    BOR is offline Senior Member
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    Quote Originally Posted by russmort View Post
    In addition to proving that the work was done and what about requirements to show the fees charged was fair and bringing in a whitness to testify under Quantum Meruit?
    If there was not an agreed upon contract, arguendo, this doctrine may be applicable, sure.

    This is assuming the owner of the horses knew the work was being done without an agreement and stood by and let it be done regardless.

    Even then it is still a case law fight.

    Otherwise it is an alleged breach of contract suit, I work, you pay, a contract.

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