• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Should I pay, then small claims?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

Chakram

Guest
I used to have a soft water tank installed in the front of my house
every week. Every Thursday, someone would come by my house to change the tank
to a new one. On two occasions I was at home having lunch and heard a really
loud "clunk/boom" sound at my front door. The person installing the new tank
dropped it on my front porch (both times I was home to hear it). I ran to the
door and told the guy, "You are going to break the cement if you continue to
do that." He told me, "Why don't you move it somewhere else?" I argued, "So
you can break that too?" Our cement walkway is chipped/cracked because of
this. The water representative came out and told me it was "water damage." I
had the person who layed down our cement walkway two years ago come out to
assess the damage. He told me that it was definately damaged from the soft
water tank being dropped on it and it could not be caused by "water damage."

I called the water company and asked them to repair the damage. They said
they would send someone out, but they never did. I called back several times,
but was not helped. Finally a month later another water representative did
come out. After discussing it with the rep, I found out it would cost me
around $275 to replace the walkway on top of the $182.29 I owed them for my
last tank installation. We decided it would be ok to just leave the walkway
the way it was and that I wouldn't pay my last bill for the installation.

Well now the $182.29 that I owe them is in Collection. I called the
collection agency and told them what happened and he said I have to pay it
because I owe it. He added that after I pay it, I should take them to small
claims court because the water company should be reprimanded because this
company is known for being "unfair." I really don't want to go to court
because I still feel I'm in the right with not having to pay for an
installation that ended up costing me more in the long run. If I pay them, it
will have to wait longer to repair my porch. What should I do?

I am in California!! Dee
 


JETX

Senior Member
You cannot 'offset' one bill due with the claim of another, even if your claim was valid. Pay the bill.

Then, if you feel you have a case against the water company, take the issue to court.
 
C

Chakram

Guest
Not what I wanted to hear, but thank you very much for your reply!!! So now I pay the bill... then I have to pay for small claims... So... I win they have to pay the court bill and for my side walk? Can you tell me how to prepare myself, my attitude, (I am a very nervice person) and/or where to get more advice. A Sincere thanks, Dee
 

I AM ALWAYS LIABLE

Senior Member
Chakram said:
Not what I wanted to hear, but thank you very much for your reply!!! So now I pay the bill... then I have to pay for small claims... So... I win they have to pay the court bill and for my side walk? Can you tell me how to prepare myself, my attitude, (I am a very nervice person) and/or where to get more advice. A Sincere thanks, Dee
My response:

Well, we can't help you with your nervousness, other than to perhaps, under your doctor's advice, to take a Prozak or some other psychotropic drug.

However, we can help you to help yourself prepare for trial by letting you know that you can pick up a good book on Small Claims court at your local bookstore. In the book, it will explain all you need to know, the evidence required, and your decorum.

We all wish you good luck.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top