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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32313
Experience:  Began practicing law in 1992
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Contractor sueing small claims after I canx last check and

Customer Question

contractor sueing small claims after I canx last check and deducted the $20 check fee and $50 which I paid his worker, I mailed him the remainder as he did not come back to finish bathroom door etc he provided no reciept and has been threatening me with court and I found he has no license but the amount was under $1000 does he have a case even though I asked him to come back and finish and told him I would canx and reissue check? He is now stating the toilet he removed was not included in price after the fact and after we agreed on an amount he keeps adding after the fact what can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
...does he have a case...?
He has enough to file a lawsuit and get past a Motion to Dismiss or some other type of dispositive motion. Technically you aren't supposed to stop payments on a check once you send it, unless it was a mistake like sending $3000 when you were supposed to send $3000, or something like that, and you're not supposed to make deductions that weren't agreed on with the other party.
The way it is supposed to be handled is to either pay the bill and file a lawsuit OR file a lawsuit and have the judge determine the correct amount.
He is now stating the toilet he removed was not included in price after the fact and after we agreed on an amount he keeps adding after the fact what can I do?
File the lawsuit to have the judge determine what is actually owed. That is really the only way to determine everyone's rights and what is owed. Due to the amount the small claims court is the best place to file but since it is a contract dispute you do have the alternative of hiring a lawyer to handle it and then suing for his attorneys fees as well as the rest of the damages and the findings you want.