Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I had a legal contract signed by myself and the contractor

Customer Question
to remove trees from property...
I had a legal contract signed by myself and the contractor to remove trees from property. The invoice was for 5200 dollars. I made 2 payments one for $1500 and the other for $4700. This was a mistake on my part, having thought I had only paid $500 on first check. Contractor says tough luck, and has refused to refund me the overpayment. His act is that he did more than he contracted, I have the contract and this is not so. How do I get my refund and who can I complain to to investigate/shut down this crook. He did not invoice the sales tax either!
Submitted: 6 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
10/5/2011
Lawyer: TexLaw, Attorney replied 6 years ago
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
You can sue for "Money Had and Received", "Mistaken Payment", "Unjust Enrichment" and "Conversion". These are all common law torts. As the amount you are talking about is less than $5,000.00, you can sue in small claims court, where it won't be necessary to get a lawyer. The contractor's defense that he has performed more than was originally contracted for and is entitled to the money is weak in light of the fact that you argue that the work performed was within the original scope of the contract.

You need to contact your local small claims court and obtain the forms for filing a claim and follow the directions on the form. You are suing for return of the over payment plus interest at the highest rate allowed by statute, which is likely 5% per year.

Please let me know if this answers you question. If it does, please approve for payment.

Best Regards XXXXX XXXXX Luck

ZDN
Ask Your Own Legal Question
Customer reply replied 6 years ago
its a no brainer that small claims is a possible route to take, means a day of lost wages, as I am self employed. Are there any other means? Also, he plays fast and loose with sales tax asking that I write the check to his name. I told him that the 5200 was what I would pay. Can I get some heat on this guy by complaining to any state agency ie dept of revenue, fair business practices etc?
Customer reply replied 6 years ago
its a no brainer that I can go to small claims court and mess with a bunch of paperwork and aXXXXXand a day of lost wages.Its a messy process but I Have done it successfully before. the judges can be quite arrogant and intimidating.I am looking for some other ways to get this taken care of. Can the state dept of revenue or fair business practices be notified? Can I report him to the Dept of revenue? What other ways can I get him pressured enough to be reasonable about this?
Lawyer: TexLaw, Attorney replied 6 years ago
I understand completely when you say its a day of lost wages...small claims is a pain. Every time I end up in small claims court representing a client, I end up waiting all day for the court to get to my client's claim. Those are hours that I'm not working on someone else's file and not getting paid for (as I'm not going to charge my client for sitting around and waiting...would make it too expensive in a small claims scenario).

You can file a complaint with the Attorney General's office that he is not paying sales tax. There should be a consumer complaint division that can handle your complaint. The department of revenue will likely refer you to the Attorney General's office if you called them. However, I think your best bet would be to file the small claims suit, as I imagine the Attorney General's office will not do anything but send the guy a letter. Depending on where you are, your local small claims court might have a "night court" which would allow you to ask for a hearing after work.
Ask Your Own Legal Question
Customer reply replied 6 years ago
Is this not akin to theft, can we attack him from that point?
Lawyer: TexLaw, Attorney replied 6 years ago
It is different from theft. Technically, it is under the common law tort of "Assumpsit" which is now called "Mistaken Payment." The reason it is not theft is that there was no intent to steal from you. You mistakenly paid him too much and now he wont return the money. I wish I could tell you it was as easy as calling the cops, but it's not. They will tell you that this is a civil matter and that you need to take care of it through the courts.

I'd like to tell you that the Attorney General's office would do something for you as well. But honestly, having represented dozens of client's who have had disputes with contractors similar to yours, the only thing that gets their attention is when you file a lawsuit. I guarantee you that he took that money and paid someone else with it or bought supplies, etc. It's almost always a case of take from Peter to pay Paul.
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Could I email invoice to u to review.
Lawyer: TexLaw, Attorney replied 6 years ago
The JustAnswer agreement prevents me from giving out my email to customers. The only way I can review it is if you would be able to paste it into this forum. Sorry for the inconvenience.
Ask Your Own Legal Question
Customer reply replied 6 years ago
Any possibility I can email invoice for u to review to be sure all is solid before proceeding further?
Lawyer: TexLaw, Attorney replied 6 years ago
Again, the justanswer expert agreement forbids me from giving out my personal email to you. The only way I can review information is by you posting it through this website. Sorry for the inconvenience.
Ask Your Own Legal Question
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
I had a small claims case. A witness was not sworn in by the
I had a small claims case. A witness was not sworn in by the judge before answering questions and told lies. Can I request a new hearing because she didn't take the oath first … read more
Bill Attorney
Bill Attorney
law
1,401 satisfied customers
If I lose in small claims court, will I be responsible for
If I lose in small claims court, will I be responsible for plaintiff's court fees? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
I went to small claims court and was able to reach a
I went to small claims court and was able to reach a settlement out of court for 10K from my previous employers. Can they tax it? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
I am the victim of mistaken identity in a small claims
I am the victim of mistaken identity in a small claims judgement against my son Darral Lee Spurgeon Jr., I am Darral Lee Spurgeon Sr.. Summit Judgement Recovery LLC (Ronald Richards) has filed a Levyi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Small claims. Small cliam on flooring compamy 2,000. No not
small claims would b good to waste your time, do u have any thoughswhat what I can… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
Do different torts have different statutes of limitations
Do different torts have different statutes of limitations such as Personal Injury verses Abuse of Process vs Trespass etc?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,616 satisfied customers
Can a person take someone to small claims for under the
Can a person take someone to small claims for under the table cash for hrs they think they have coming ? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
Interested possible tort claim against va. Indiana
Interested possible tort claim against va JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Indiana JA: Has anything been filed or reported? Customer: No JA: … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,871 satisfied customers
I recived a letter from the attorney general in the state of
I recived a letter from the attorney general in the state of ca feom a former client complaining what do I need to do ? Is this a crime investigation … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
Can a person file a small claims complaint against an
Can a person file a small claims complaint against an insurance company whose home base is out of state and demand their presence in Texas. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
L. North Carolina. I have asked the Attorney General to help
Good morning Pearl Wilson, my name is G**** *****l. … read more
Bill Attorney
Bill Attorney
law
1,401 satisfied customers
Is is possible for a small claims judge to also issue a
Is is possible for a small claims judge to also issue a cease and desist order? or are they separate jurisdiction? San Bernadino county, California … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I will be suing an individual in Small Claims Court in NYC
I will be suing an individual in Small Claims Court in NYC for breach of contract. My claim is for about $4100 plus about $500 interest for the non-payment, calculated at 9%, which I believe is the ra… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
Small Claims, A Situation With A Person Dealing With The
Small Claims, A Situation With A Person Dealing With The Western Union, And A Investment Firm.. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x