over billed then threatened collections

[jkreiner]

What is the name of your state? Wisconsin Hi, I was recently over billed for some hauling I subcontracted through my business. I verbally committed over the phone on a price and when sent the bill it was $400 higher than what was agreed. I paid the agreed upon amount in full. However, the other party is now threating me with collections unless the bill was paid in full. I am a sole proprietor and I did not receive or sign any documents agreeing to any price. What should I do?

 

[FlyingRon]

Threatening things is not the same as doing things. Watch your credit reports and your mail for court summonses.

 

[adjusterjack]

I verbally committed over the phone on a price

And then what happened when the guy showed up to do the work?

Were you there?
Did you confirm the price based on the actual job?

I suspect that the extra amount is more your fault than his and you'll end up paying it. The easy way or the hard way is your choice.

Lesson learned: Get the written agreement before the work starts.

 

[jkreiner]

The guy did the work as requested and I was there, it went as it should have. I never reconfirmed the price after the original conversation. I have contracted thousands of loads to be hauled without any problems with other haulers. This guy was out of the area and new and I guess he was thinking he could take advantage. On top of it he was also rude and demanding and wouldn't listen to reason. I guess I would rather do the hard way given the choice. I grew up around people who refused to stick up for themselves and were taken advantage of. I feel on principle you owe it to yourself and the crook your dealing with to fight. Not thrilled about my credit going in the toilet so I would love to avoid that, but if need be I will hire a lawyer. Obviously, it wont be cheaper or easier, but as long as he doesn't get paid I'm fine with that.

 

[Zigner]

That's what we call cutting off your nose to spite your face.

 

[adjusterjack]

You don't need a lawyer. Sue him in small claims court for $400 and let a judge decide if you owe it.

That's the only amount in question so hiring a lawyer for $300 per hour would be foolish.

 

[jkreiner]

This whole thing is foolish moneywise, but again its the principle. Would I be better off suing him right away or just wait and see? I was told today that he would receive little to nothing from collections if he did chose that route and he is probably bluffing. I would like the satisfaction of winning in small claims court. Maybe it would deter him from trying to cheat others in my industry. What do you think?

 

[adjusterjack]

That's up to you.

 

[PayrollHRGuy]

I don't see what the OP has to sue for at this time.

 

[jkreiner]

So I should just sit tight and wait to see what he does?

 

[PayrollHRGuy]

Unless I missed something you are out no money at this point and have no damages. I don't see that you have any other option.