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Moe Manser
Moe Manser, Paralegal
Category: Criminal Law
Satisfied Customers: 162
Experience:  President of U.S. Legal Research Corp., over 15 years of assisting lawyers nationwide. Federal/State
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Im being sued in small claims court for stopping

Customer Question

I''m being sued in small claims court for stopping payment on a second half payment for services after I found out this plumber lied to me about how much my septic pump cost. The cost of the job was based on the price of the pump and I have documentation on the cost of the pump I had and also on the pump that he said I had that he inflated the price on. Basically he lied and I caught him. When I win this case can I sue him for anything, like fraud or deception?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Moe Manser replied 8 years ago.
DearCustomer

Yes, you can counter sue him, and you can try to recover all your expenses as well as your pain and suffering. You do not have to wait until the current case is finalized.


Good Luck !!

Regards,
Moe

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . FEEDBACK is appreciated as is a bonus. Thanks Moe
Moe Manser and 7 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Moe Manser's Post: What would I sue him for exactly?
Expert:  Moe Manser replied 8 years ago.
DearCustomer

The fact that the cost of the job was based on the price of the pump makes easy to sue for fraud, if you can prove that he over charged you for the pump to inflate the cost. Have your document's and evidence ready. It also depends on how much he inflated the price. Usually if it's over $50.00 you have a good chance.

Regards,
Moe
Customer: replied 8 years ago.
The actual cost of the pump was 289.00 and he told me it was a 1200.00 pump. He inflated it by over 900.00 dollars. If I sue for fraud what will that get me and what will happen to him if I win?
Expert:  Moe Manser replied 8 years ago.
DearCustomer

Yes, definitely you can sue him for fraud. Because the agreement between you and him was not on the labor itself but on the cost of the pump, and he tried to defraud you by inflating the cost. You can sue him for the difference in price of $900.00, which will not make you be required to pay the difference, plus you can add to the suit your costs of going throw this process, your time (days of work, etc ), expenses, court costs, lawyer fees and other suffering you had to go throw because of his negligence. Add all these numbers up and add them to your law suit.

Good Luck !!

Regards,
Moe

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . FEEDBACK is appreciated as is a bonus. Thanks Moe
Expert:  Moe Manser replied 8 years ago.
DearCustomer

IF you win, he will obligated to pay all demanded expenses, as per the court's order.

Regards,
Moe
Customer: replied 8 years ago.
I didn't pay the full price. When I found out he deceived me I put a stop on the 2nd half of the 1500 dollar price. I gave him 700 to start and another 800. I stopped the 800 dollar check that is why he is sueing. So you're telling me that I can sue him for fraud and collect the cost of the more expensive pump plus all other expenses?
Expert:  Moe Manser replied 8 years ago.
DearCustomer

Correct.

Regards,
Moe
Customer: replied 8 years ago.
When I go to the court house and file how do I write up what I want to do?
Expert:  Moe Manser replied 8 years ago.
DearCustomer

You can call the court clerk in your town and request the civil suit package, every court has this package, it's easy to fill out. Fill out the motion in detail and include the amount your suing for. After you file this motion with the court, and it has been stamped by the court clerk, you will need to mail a copy to the defendant, the court will as well serve him with a copy. The instructions should be on the form when you receive it from the court.

Good Luck !!

Regards,
Moe
Customer: replied 8 years ago.
Thanks, XXXXX XXXXX a great help