report not delivered in tim for court

[girl48sfv]

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

I contacted a mold remediation company to do an inspection in my apartment.
Originally they were to come out on a Friday between 8am 1nd 10 am. My direct deposit of funds had not come in as expected so when they contacted me that Friday so we rescheduled for the next day which was Saturday at the same time. They came and did the inspection as agreed.

When I first contacted them I told them that I had to have the the report (including lab results) for court the following Tuesday morning which was my trial date. I was assured that it wouldnt be a problem.

I waited on the reuslts and when I had no contact by Monday evening I conatacted the technician who said he had it on his home computer and would email it to me by 7am. I started calling at 7am when it wasnt in my email and was given the run around. I waited on the report thinking my case would not be called early and missed my hearing. By the time I got to court with no report my case had been called and I lost. I waited because the report was my only evidence to support my claim.

My question is this do I have the right to demand my money back? The cost to me was $390. Now I am out that money and have to move very quickly which will be difficult because I havent found an apartment, have an 11 year old son in school and now will have a judgement against me.

Do I ahve any recourse against the company? I did not end up getting the report til after 5pm the day of my trial.
thanks for any help

 

[Mass_Shyster]

When I first contacted them I told them that I had to have the the report (including lab results) for court the following Tuesday morning which was my trial date. I was assured that it wouldnt be a problem.

My question is this do I have the right to demand my money back?

You always have the right to demand your money back. I don't know if they will refund the money or not, but it can't hurt to demand it back.

You can also sue them for breach of contract, since you notified them of your timing requirement and they assented to that schedule. I don't know if your written contract will support that claim, or if it will oppose that claim.

 

[girl48sfv]

There was no written contract. But it makes no sense that I would spend almost $400(390) and have the work done that Saturday if I wasnt promised I would have it when I needed it, the following Tuesday morning.

thank you for your reply

 

[justalayman]

Originally they were to come out on a Friday between 8am 1nd 10 am. My direct deposit of funds had not come in as expected so when they contacted me that Friday so we rescheduled for the next day which was Saturday at the same time. They came and did the inspection as agreed.

When I first contacted them I told them that I had to have the the report (including lab results) for court the following Tuesday morning which was my trial date. I was assured that it wouldnt be a problem.

It would appear that you altered the contract by changing the date of the inspection. I suspect that unless you had reaffirmed the need for the report by Tuesday AM, you will lose if this goes to court.

Additionally you had a duty to report to court to defend your case. You may have been able to ask for a delay of proceedings due to the delayed report. If granted, and the report confirmed your claims, you would have likely prevailed. So, it was your action that ultimately caused the result of the trial. and as such, the judgment on your record is your fault, not the inspection company.