check marked paid in full for tree removal

[sbartles]

we got an esitmate for removing a tree and the stump in our backyard. estimate showed the number 600 with a foot mark after and also had an amount of $240.00. tree was removed, received bill for $600.00 with a note at bottom stating they couldn't get equipment in through gate to remove stump as per estimate. sent a check in the amount of $240.00 and marked in the memo paid in full. contractor cashed check and a few days later we received a notice from small claims court, contractor wants balance of $360.00 for removal of tree. went to small claims court presented our story (told judge we sent check marked paid in full for $240.00, but didn't show cancelled check to him)and judgement came by mail that we should pay $180.00 plus court costs. (we've never been involved in anything like this and didn't know what to do) should we appeal? how binding is a check marked paid in full?? should we have shown this check to the judge?? if we appeal can we represent ourselves? this took place the state of pennsylvania

[Edited by sbartles on 04-23-2001 at 09:31 PM]

 

[I AM ALWAYS LIABLE]

we got an esitmate for removing a tree and the stump in our backyard. estimate showed the number 600 with a foot mark after and also had an amount of $240.00. tree was removed, received bill for $600.00 with a note at bottom stating they couldn't get equipment in through gate to remove stump as per estimate. sent a check in the amount of $240.00 and marked in the memo paid in full. contractor cashed check and a few days later we received a notice from small claims court, contractor wants balance of $360.00 for removal of tree. went to small claims court presented our story (told judge we sent check marked paid in full for $240.00, but didn't show cancelled check to him)and judgement came by mail that we should pay $180.00 plus court costs. (we've never been involved in anything like this and didn't know what to do) should we appeal? how binding is a check marked paid in full?? should we have shown this check to the judge?? if we appeal can we represent ourselves?

My response:

We'd like to assist you; however, you apparently didn't see that red writing up at the top of the page. Without your State name, or the name of the State where the problem happened, it would be difficult to assist you. Laws are different everywhere.

Thank you for your cooperation, and we look forward to you editing your post.

IAAL