Do I have a good enough case at small claims court? RedunculouS?

Question

I am a16 year old driver who accidentally hydroplaned and hit a man's mailbox. I actually only hit the wooden post and the there was no damage to the boxes. I gave a young lady my name and number to give to the defendant so that I could fix the mailbox. That Sunday he called me and told me he had gotten somebody to fix it for him and that he already paid them $247.51 to fix it. I realized that 247.51 was way too much and very unreasonable and somewhat fraudulent sounding. That Monday I called him and asked him to send the invoice showing the work that was done. He began to blab about what was done and said he would send it to me. On Tuesday I received the "bill" it had no invoice number, no telephone number, and was clearly made on Microsoft Excel (something I could easily do). Then on Wednesday I called him and said there is no way I could pay this all at and so I needed the number of the young man who did it the work for him so that I could work out a payment plan. He then changed

Answer 1

Offer to settle this before court and make him look a liar and a fool to the court.



I would return the bill with an amount of money which you consider to be a fair amount for the job (to be fair look up the cost of a whole new post box and post and 1 hours labour stating your paying for 1 hour.



Write on the cheque that this is full and final settlement and by cashing it they acknowledge this is the end of the matter.



If they chose to cash the cheque its the end of the matter if they take you to court you have covered yourself. Keep a copy of the letter and the cheque.



I would also take a photo of the new phone box with a copy of that days paper in the picture (get your friend to hold the paper up showing the headlines and date stamp the photo if you can. This is to provide proof to a court in required of the work or not carried out on the box. Keep the paper as proof of the date the picture was taken, it could not have been printed before you say it was and not before the accident.



If its not a new box you have proof if it goes to court the work was not carried out.



No judge in their right mind is going to let this one slip through, as you have made an offer in writing you can use this as evidence to prove you attempted to settle this before court and want costs for the expenses you incur fighting this matter.

Answer 2

You don't have a claim to take to small claims court since you are not the one injured in this case. If you choose not to pay the bill, then the other person can then take you to small claims court for the bill.



Obviously, the person you left your name with acted on your behalf to notify the person of your intent to take care of the damage. Now,if it does go to court, it will depend on whether the judge thinks the documentation that the man produces is reasonable for repairing the damages. My guess would be that he will have sufficient documentation as he will have had sufficient time to get his facts straight. However, if the judge determines that all he did was install a 4 x4 post and is charging $20 in material and $227.51 in labor, then you may get a break. It is possible that he will not allow that type of mark-up for this repair. However, don't count on that. If the judgement goes against you for the full amount, then that is the time you can work with the court to determine a payment schedule.



With that being said, keep working with him and the person he claims did the work to determine the actual charges. I would continue the effort in regards to getting an actual invoice for this work. You don't want to go to court in this case since you may have the entire amount charged to you as well as any other charges that the person can come up with.



A lesson here would be that when something like this occurs, you really must take charge of the repair immediately. Otherwise, you can be somewhat at the mercy of someone that you don't know and don't know what they are capable of doing.



Pictures made of the damage and the type of material destroyed would at least have helped you from being responsible for upgrading the installation.

Answer 3

Your are not sueing him right? If he is sueing you, than he has the burden of proof, not you. If you feel the amount is excesive than you can independently have your own estimate done (on company letter head) to take with you to court. However let me apprise you that many counties have alternate means to settle small claim law suits that can be a great meadian for both of you. I would seek such arbitration if you two can not settle it otherwise.

Answer 4

Don't pay it. Let him sue you. He will have to produce proof that he paid that amount.

Answer 5

Yes, I would go to court and fight this.