Was told at last minute I was not a party to contract

[Wenkle13]

What is the name of your state? S. Carolina
I signed and contracted bath remodel on my home. Gave my mother cash to write check for payment bc I dont use checks and wanted record of payment. At completion of work was very low quality. I filed small claims for damages of costs to repair/replace work. Contractor lawyered up and at hearing I was told I was not a party to the case bc I did not provide payment. I signed contract and it is solely my property. Mother was not a party to contract, no ownership in house, payments were not a gift, and did not bring claim. Due to multiple continuances granted on behalf of defendants attorney ( court, illness, vaca) judge had ordered no more would be granted. Could not request continuance to prepare mother to present case. Have been told I was swindled bc I did not know how to argue that she was not a party.

 

[Shadowbunny]

What is the name of your state? S. Carolina
I signed and contracted bath remodel on my home. Gave my mother cash to write check for payment bc I dont use checks and wanted record of payment. At completion of work was very low quality. I filed small claims for damages of costs to repair/replace work. Contractor lawyered up and at hearing I was told I was not a party to the case bc I did not provide payment. I signed contract and it is solely my property. Mother was not a party to contract, no ownership in house, payments were not a gift, and did not bring claim. Due to multiple continuances granted on behalf of defendants attorney ( court, illness, vaca) judge had ordered no more would be granted. Could not request continuance to prepare mother to present case. Have been told I was swindled bc I did not know how to argue that she was not a party.

I'm afraid I don't see a question in your post.

 

[quincy]

What is the name of your state? S. Carolina
I signed and contracted bath remodel on my home. Gave my mother cash to write check for payment bc I dont use checks and wanted record of payment. At completion of work was very low quality. I filed small claims for damages of costs to repair/replace work. Contractor lawyered up and at hearing I was told I was not a party to the case bc I did not provide payment. I signed contract and it is solely my property. Mother was not a party to contract, no ownership in house, payments were not a gift, and did not bring claim. Due to multiple continuances granted on behalf of defendants attorney ( court, illness, vaca) judge had ordered no more would be granted. Could not request continuance to prepare mother to present case. Have been told I was swindled bc I did not know how to argue that she was not a party.

Where does the case stand now?

 

[Wenkle13]

Where does the case stand now?

Had hearing was ordered judgement to plaintiff...my mother, but not even 1/4 of damages.

 

[Wenkle13]

I'm afraid I don't see a question in your post.

Was I a party?

 

[quincy]

Had hearing was ordered judgement to plaintiff...my mother, but not even 1/4 of damages.

It appears that the judge thought your suit against the contractor had merit so you won your legal action on the merits. Apparently the damages you claimed were not fully supported by your evidence so you/your mother did not receive a judgment in the full amount you requested.

What are you wanting to do now?

 

[Wenkle13]

Mother was not prepared to present, defendant's attorney determined what was admissible evidence and was controlling the hearing. Understanding is mother as plaintiff can only recover what she paid vs. I should be able to recover repair costs...not to mention defamation towards me case was dismissed. Understanding is if she was an unknowing 3rd party in contract that was allowed to bring case. I can still bring my case for the damages to my property.

 

[Wenkle13]

We are going tomorrow to review what documents were actually submitted as evidence bc I was uber-organized and have a list of what is missing...some were notes for self which left mother blindsided that she did not have, but not admissible as evidence...but other attorney acquired and held we assume.

 

[quincy]

Mother was not prepared to present, defendant's attorney determined what was admissible evidence and was controlling the hearing. Understanding is mother as plaintiff can only recover what she paid vs. I should be able to recover repair costs...not to mention defamation towards me case was dismissed. Understanding is if she was an unknowing 3rd party in contract that was allowed to bring case. I can still bring my case for the damages to my property.

I am afraid you were ill-equipped to handle your case against the contractor's attorney.

You should have a lawyer in your area personally review the matter now.

Good luck.

 

[Wenkle13]

I intend to contact attorney

 

[quincy]

I intend to contact attorney

Good.

I hope your bathroom remodel eventually is completed adequately without too much extra cost to you.

 

[adjusterjack]

Gave my mother cash to write check for payment bc I dont use checks

It ought to be obvious to you that you need to rethink that philosophy or this kind of thing is destined to happen again.

 

[quincy]

If someone wants to pay in cash, a check is not needed for proof of payment. A written and signed receipt for payment works.

 

[Zigner]

Honestly, the OP really had problems if he couldn't convince the court that HE was a party to the contract, and not his mom. I've paid my share of bills, etc., using checs on behalf of others over the years without becoming a party to their contracts

 

[quincy]

Honestly, the OP really had problems if he couldn't convince the court that HE was a party to the contract, and not his mom. I've paid my share of bills, etc., using checs on behalf of others over the years without becoming a party to their contracts

Wenkle certainly was in need of legal advice early on, especially once learning the contractor had an attorney.