Ex employer threatning to sue

[aleshanee]

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

My sons ex employer is threatening to sue in small claims for damage to a door.
My son was retrieving a mop from the bathroom/closet when the handle fell over and put a hole in the door.
He is not denying that the incident happened.
This incident happened in April of this year and he was written up for it.
The owner never made any mention of reimbursement until my son was fired in November. He was then sent a bill for $356 for a brand new door.(the damaged door was at least a year old)

My son feels that he should pay something but definitely not $356.
In the bill that he received he is charged for Allegheny county tax but the incident happened in a different county. Can they do this??
I would agree that if the door was bought in Allegheny county then the tax would be fair, but they are charging it on installing the door which is in the different county.

Also, in the letter that he received today the ex employer has threatened to turn him over to a collections agency if he doesn't pay the full amount. Is this legal?

And last question, in the letter they said that they were going to take it to a magistrate that is not near our home or the place of business where the incident happened. Don't they have to file in the city (or one close by) to the defendants home?

Thank You

 

[cyjeff]

If this happened in the workplace, I would tell the ex employer that this is the reason he has insurance.

I would let him sue your son and not pay a dime of it before that time.

Jurisdiction will be determined by the location of the workplace in question.

 

[aleshanee]

Thanks so much for your quick response.

I was wondering if we let this go to magistrate is it possible to request change of venue??(if that is even the correct term)
The magistrate that was cited in the letter is in the city of the main office of this particular business but not close to the place where the incident happened.

How would I go about doing this? This employer is known to take everyone to court and feel that he is "in" with the magistrate.

Thanks again

 

[swalsh411]

Until this employer actually files suit or sics a collection agency on you I wouldn't worry about it. They both sound like hollow threats to me given the incident as you have described.

 

[cyjeff]

Until this employer actually files suit or sics a collection agency on you I wouldn't worry about it. They both sound like hollow threats to me given the incident as you have described.

That's what I was thinking... the term "cost of doing business" jumped to mind.

 

[aleshanee]

Thank you both so much for the replies.
"The cost of doing business" was actually my first thought as well.
But knowledge is power as they say.
So we will sit on it and see what happens.

 

[wrongsometimes]

cyjeff is 100% correct ... unless he did it willfully & with malice they have no case. Ask for a summary judgment after they rest their case & you do any cross examination if you wish. Your son has no liability here, none whatsoever.

 

[aleshanee]

Could you please explain what a summary judgement is?


Just for reference for anyone reading this in the future I have found the rules for venue when suing an individual in small claims in PA.

RULE 302-VENUE

A. An action against an individual may be brought in and only in a magisterial district where:

(1) the individual may be served, or

(2) the cause of action arose, or

(3) a transaction or occurrence took place out of which the cause of action arose.


According to these rules the magistrate claimed in the letter has no jurisdiction over this case.

 

[wrongsometimes]

Could you please explain what a summary judgement is?


Just for reference for anyone reading this in the future I have found the rules for venue when suing an individual in small claims in PA.

RULE 302-VENUE

A. An action against an individual may be brought in and only in a magisterial district where:

(1) the individual may be served, or

(2) the cause of action arose, or

(3) a transaction or occurrence took place out of which the cause of action arose.


According to these rules the magistrate claimed in the letter has no jurisdiction over this case.

A summary judgment is a request to a court to look at all the available evidence and see (taken from the viewpoint that all the opposing party has said was true) if the facts support a finding of not guilty. If this was not a small claims case, I would recommend a motion of dismissal but I dont think a sm. claims judge would bite on this (you could try this before the trial starts). A summary judgment in this case would be verbally requested after the plaintiff completes his presentation of the case and the judge asks you to begin your presentation of your case (just say, before I proceed your honor, I would like to ask for a summary judgment in my favor - nothing the plaintiff has brought forth supports his cause of action & then give your reasons why) -- the judge will say "granted" or "denied"; if denied, you continue on & present your case knowing that the judge DOES believe the plaintiff has a case; the judge in his motion ruling may hint at the case's weakness too.

 

[aleshanee]

Is the purpose of the summary judgment to speed things along?

He really has no defense other that "it was an accident".

 

[swalsh411]

A summary judgement is a determination made by the court without a full trial when either there are no facts in dispute or when the evidence overwhelmingly favors one party over the other.

"It was an accident" is the only defense needed here.

 

[aleshanee]

And the saga continues****************************...


Today he receives another bill still for $356, but this time with the threat to add interest.

My question today regards the back of the bill, it says in part:

DISCLOSURE NOTICE OF BILLING ERROR RIGHTS
and cites the Federal Truth in Lending Act.
The first item on the page says that if I want to preserve my rights under this act and if I think that the bill is wrong that I should send a paper with what I think the error is and why I believe it is an error.

Then it goes on further to say that if they have not made any errors on the bill and he doesn't pay they will turn him over to the ca.

Should we do this or just let it go?

I was thinking to dispute the whole amount and the validity of the entire bill.
Any feedback would be apprecitated.

 

[pattytx]

There is no "billing error" here. You didn't buy anything and you didn't borrow anything.

Having said that:

Dear company:

The "bill" to which you refer is what you are claiming as damages due to damage accidently caused during the course of my employment. The damage is, to your company, a cost of doing business. I shall not be paying this "bill", as I have no legal obligation to do so. Should you continue to pursue this issue, I will defend myself in court, if necessary.

(idiots)

 

[NBrazil]

Caveat: Just a guy, not an attorney, a guy who listens to consumer shows.

With that intro, pattytx has an excellent course of action. Once one receives a "bill" one should not ignore it because ignoring it triggers "stuff" (like I said, not an attorney) that may put you in a situation in which you have agreed to owe the bill by not disputing it.

So, do what pattytx says (or something similar), by registered mail and also by notice of delivery mail (and keep a copy), just in case the registered mail is refused. Then don't worry about it anymore.

I suspect that if this DOES go to collections (and thereby causes harm), then YOU get to sue, and win. That's how I read it listening to consumer radio shows.

What a jerk.

 

[aleshanee]

Dispute letter written and 2 copies made, will go into mail tomorrow.

Thank you all so very much for your input.