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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33102
Experience:  Began practicing law in 1992
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In short, I hired a cleaning lady and her mother to clean specific

Customer Question

In short, I hired a cleaning lady and her mother to clean specific areas of my house. Some either weren't done at all or were done poorly. Her mother used an abrasive material to clean my stainless steel cooktop...it's now covered in scratches. I left the money in advance because I had a graduation to attend and wouldn't be there to pay them when the job was completed. Unfortunately, I don't have before pictures of the cooktop or other areas to be cleaned. But I did take pictures of the mess when I got home and sent them to her. She doesn't have insurance (I was getting estimates on replacing the cooktop), she is refusing to refund the $140, and she said she contacted the city attorney (of which I don't really believe). She is now saying that if I write a review online she will get a lawyer. If I were to go after her in small claims court, do I have a case even though I don't have before pictures? Can I be sued if I write a review and say they damaged my cooktop?
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. I'm not sure what the city attorney is supposed to have to do with this since they are only concerned with prosecuting matters on behalf of the city or defending the city. If I were to go after her in small claims court, do I have a case even though I don't have before pictures? Yes. Of course, it would be better if you had taken a picture of the area just before she cleaned it but realistically no one does that. The lack of "before" photographs isn't unusual in a case like this and if you did have them that would be more suspicious in my mind. Can I be sued if I write a review and say they damaged my cooktop?Anyone can be sued for anything but it is extremely hard to sue someone for giving an honest review of services. It's only slander if it isn't true and if she sues you then it is up to her to prove that you are lying and also that she was damaged by the lies, which are both almost impossible to prove and why there are so few slander cases filed.