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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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Im being sued by a contractor in small claims court for $7500

Resolved Question:

I'm being sued by a contractor in small claims court for $7500 for work I have already paid for.
He is a former friend and he NEVER uses contracts. I have cancelled checks for all the money I've paid him. Is there any thing else I should do?
Submitted: 7 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 7 years ago.
Hi,

Thank you for using Just Answer. The paperwork that you received should include a trial date. If you can prove that you paid the debt, you have an affirmative defense that you paid the contractor everything that you owed him. Bring all of your evidence to the trial and the court should rule in your favor.

Here is some general small claims information that you might find useful. Page 4 of this form also has information for defendants. The plaintiff should have given you this form.

Good luck.

Good luck.
Customer: replied 7 years ago.

The only proof I have is cancelled checks. I have no reciepts. Conversely, he has never given me a bill for the work he claims I have never paid for.

Expert:  Lucy, Esq. replied 7 years ago.
Canceled checks are proof that you paid him, along with your own testimony. As the plaintiff, he has the burden of proving both that there was an agreement, and that you did not pay him the amount owed. If you can show that you paid him, he'll lose. Even if the checks aren't for the full amount he is requesting, the court will consider them. You're in a much better position than if you didn't have those checks.

Also, if you happen to have any emails or texts between you, or if any third party was present during a conversation between you, you could present that evidence.
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