Being sued for unordered services

[Sharkardi]

Hi I'm in Indiana,
I posted about this some time ago with no responce, things have changed since.
Back in May I solicated an estimate from a tree service for the removal of a tree because of falling limbs. I recieved the estimate which included stump removal. A week later I called back to see how much they would do the job LESS the stump removal. I did not hear back from them. Three weeks later over the holiday weekend I called several tree services to see if I could get some one out to get it done, including the service in question I did not hear back for any of them. One week from then i returned home from work and the tree was GONE along with the stump plus another stump from a previous tree. I had also contacted the local power co. to see if they would look at it, they said it was a healthy tree and would put it on their next trimming cycle. At that time i thought it was a dying tree. He has filed suit in small claims court for the cost of the service plus costs.
Question, Am I obligated to this bill? At no time did I "Order or sign for services"
Should I counter sue for the cost of a healthy tree?
Thanks for any advice,
Mike

 

[JETX]

You said, "He has filed suit in small claims court for the cost of the service plus costs."
Who is 'he'?? Was 'he' one of those that you got quotes from??

Q1) "Am I obligated to this bill?"
A1) If you did NOT authorize any service, you are not responsible for the bill. I would suggest you review ALL the documents to make sure that there wasn't some authorization to proceed.

Q2) 'At no time did I "Order or sign for services"'
A2) What if anything DID you sign?

Q3) "Should I counter sue for the cost of a healthy tree?"
A3) I wouldn't recommend it. Your own post shows that you wanted the "removal of a tree because of falling limbs". And your only proof that it was in fact a 'healthy' tree was after the power company said it was. I doubt if that statement from a power company person would outweigh the possible statement from a 'recognized' tree company as to the status of the tree. And, I would assume that they would say that the tree was a danger that warranted its removal.

 

[Sharkardi]

Thank You for your reply Halket. I agree with you on the counter suit point, I just wasn't sure. As to signing, NOT a thinng was signed, NOTHING! I have never even spoken to this guy in person, any comunication was on an answering machine!
Thanks again,
Mike

 

[JETX]

Sounds like he will have a tough time proving his claim against you.

 

[Sharkardi]

Settled out of court, Thanks for the advice Halket

 

[JETX]

Your welcome.
Glad it worked out.