If you've paid the money and you can produce proof to the attorney (canceled check, pay stub, etc.), the attorney should advise the subcontractor to back off.
If you don't have proof, it is likely that a court would require you to pay the amount claimed, but possibly attorneys fees, but not lost wages of $1500. The subcontractor would likely be entitled to interest.
Oral agreements/contracts are good so long as they are performed within 1 year of the agreement. Thus, there's probably no statute of limitations problem.
My suggestion to you is to tell the attorney for the sub to submit you a detailed line item of each charge he is claiming to show how the figures were derived. Once you have this, I think it is worth taking this sheet to a local attorney and asking what the realistic chances of him recovering any of these amounts are.
As I said, my opinion is that he can collect the amount owed (of you can't prove you paid), interest at 8% per year, and possibly attorney's fees. The other charges sound undocumented and very unreasonable on a $317 debt.
One the damages page it states:
Plantiff expects to incur $1000.00 through time of trial. Because Plantiff was working for Cone, Plantiff turned down another job offer which would have netted him approximately $1200.00. Additionally, because Plaintiff was unable to pay his helpers, he lost the benefit of having assistance on the following job for which he contracted, which resulted in the job taking twice the time and the inability to take on another job. Plantiff was damaged in the approximate amount of $1500.00. Therefore, Plaintiff seeks damages in the amount of $3071.00 plus attorney's fees for a total of $4071.00. Plaintiff also seeks interest pursuant to the Texas Property Code 28.004 at the rate of 1 1/2% per cent per month from the date the cause of action accrued until paid.
In my opinion, this dude is full of it!!!!!
$1000 for trial costs is bull. He hasn't incurred this cost and cannot hold you responsible to pay.
$1200 for other job is bull. He has no proof that he would have gotten the job and what it actually would have made him. If it was that much more money, why did he choose your job over this other one?
$1500 is bull as well. Again, he's trying to make you believe that because of $317 you owed him, he lost workers and incurred 5 times what you owe. If this guy was in this bad of a shape, your $317 would not have helped him.
The $1000 for costs through trial is possibly the same thing as attorneys fees. Thus, he's line iteming you twice for the same charge.
I think this guy and his attorney are trying to take you for a ride and scare you into paying him off to avoid any trouble.
I think you should take this to an attorney and have him write a letter to this attorney explaining what bull this bill is. I think paying an attorney for an hour of his time will cause the demand to go way down.
Lawyer (JD)
Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations