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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Some details, Live in PA worked in Indiana. Prefer an Attorney

Customer Question

Some details, Live in PA worked in Indiana. Prefer an Attorney in or near Middlebury, In 46540 due to the fact that I will probably retain whoever answers my question. Possibly a Attorney from Michigan could also handle this if close to Middlebury.
I was a subcontractor hauling RV's, this company while I was on the road, accused me of damaging a trailer/using the trailer to live in and fired me. Refuse to pay for the final job I did and return my escrow. They owe me just over $2,500 between pay and escrow.
A few details about the incident, another driver finished the delivery that I had started then I had a dispute with the dispatch and several hours after the trailer had been delivered I was fired by an email and told they were not paying me. The damages were recorded by pictures at the final destination/dealership. The other driver inspected the trailer and took possession (the trailer did not have any damage when it left my possession) it was after the argument that I had with dispatch and after the other driver delivered the trailer that these things were brought to my attention. The evidence shows damage after (next day) the trailer left my possession. Can they make me pay for this damage without proof that the damage occurred while in my possession?
Can I recover this money, what rights do I have and am I entitled to any interest due to withholding my pay and escrow?
Thank you
Timothy Vargo
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,Unfortunately this site does not permit us to solicit clients (so we cannot retain you as a client after assisting you with your general legal question).Fortunately, for the value in question ($2,500.00 of unpaid wages) you can sue the business directly yourself in small claims court without the need for an attorney - Indiana's small claims jurisdiction caps at $6,000.00 - you can use the Indiana small claims handbook for information and procedure on how to go about filing such a claim: http://www.in.gov/judiciary/2710.htmRegarding your dispute - this is going to be a dispute of comparable credibility between you and the business (and the other driver - who likely is going to claim that the trailer was damaged when he picked it up to avoid having the charges assessed against him). You will be given the opportunity to testify, the business will be permitted to provide witnesses and exhibits on their behalf (the photos) and the court (judge) will make a determination of fact based on what they believe to be the case after hearing from both sides.You can go and sit in on small claims hearings to watch and get a better idea of what to expect prior to your own hearing.Most cases do settle, so even if you do file your own small claims case to dispute this matter, you can still leave open the possibility of settlement.Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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