Comments | littlebluedog: done been sued

littlebluedog

done been sued

Jun 22, 2011 14:26

Short version: My prior landscaping company is suing me to collect on an invoice I declined to pay because of shoddy service that killed several shrubs. I contacted the owner to negotiate, and rather than discount the amount due, he sued.

( Long version ... )

Comments 11

(The comment has been removed)

littlebluedog June 24 2011, 00:51:40 UTC

You and I are American. This is not American, it's just stupid.

polarbear June 22 2011, 21:58:14 UTC

I didn't think you could use a lawyer for small claims. Or is it just that a lawyer cannot represent you in a small claims court.

littlebluedog June 22 2011, 22:27:08 UTC

You can consult a lawyer for anything. You can't have one represent you in small claims unless the judge consents. He didn't file in small claims, though.

polarbear June 23 2011, 01:23:57 UTC

Well, good luck! I hope you and your lawyering ways, and the timber trespass law, bring you good fortune.

kaleidoscopeeye June 22 2011, 23:49:32 UTC

What a mess! I am glad you aren't just taking it, though. I hope you win the case.

anywhereanyone June 23 2011, 05:02:59 UTC

Someone who practices law is the last person I'd want to sue.

wuweibaby June 23 2011, 15:16:59 UTC

uh, yeah. heh.

ellettra June 23 2011, 21:29:22 UTC

This is so stupid I can hardly see straight. And frankly, I'm appalled that his lawyer would give him the go-ahead to file against you for such a ridiculously paltry sum. It's a huge waste of time for everyone involved. I hate this kind of bullshit. You're right, the guy should have settled with the disgruntled client or if he had to get legal advice, then negotiated in better faith than this.

So, are you going to file a counter claim?

littlebluedog June 23 2011, 22:17:16 UTC

Well, I'm not sure. This was filed in circuit court. However, if a case claims under $750, it has to be in small claims court. This is for $890, but that amount ignores the payment of $220 I've already tendered, and it also improperly claims $330 worth of attorney fees as consequential damages.

So I think my initial strategy is going to be to try to get the case dismissed from circuit court on a theory that either ignoring my payment or improperly including attorney fees (or both) is the attorney's attempt to shoehorn it into circuit court. If that's successful it might discourage him from re-filing in small claims; if it's not, I'll probably file an answer with defenses and the timber trespass counterclaim.

ellettra June 23 2011, 23:12:51 UTC

Strikes me as a very sound strategy. What a pain in the ass. Sorry you're being forced to deal with this!