1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

extra charge

Discussion in 'Consumer Fraud & Scams' started by bernard milman, Sep 18, 2016.

  1. bernard milman

    bernard milman Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    New York
    Hello,
    I've ordered, over the phone, a 15 cubic yards dumpster during my home renovation, was given a cost and paid it with a credit card. Now, a couple of weeks later, the company that provided a dumpster, sent me a bill for an additional $300 for excess weight.
    I strongly believe that the bill is wrong, b/c the dumpster returned was half empty, but they are threatening with a law suite.
    Please advice on my options. What are my chances to win the case in the court? What is a potential cast?
    Thank you
     
  2. army judge

    army judge Super Moderator

    Messages:
    33,972
    Likes Received:
    5,562
    Trophy Points:
    113

    People handicap lawsuits poorer than they handicap horse races.
    .
    .
    .
    http://research.lawyers.com/new-york/ny-filing-a-small-claims-suit.html
    .
    .
    .
    A small claims lawsuit costs about. $15.00 to file in NY, if you're suing for under $1,000.

    There might be a fee for serving your defendant, usually about $50-$100, recoverable if you request it, and you prevail.

    But, you have to endeavor to collect the whole kit and kaboodle.

    As you must know, weight has little correlation to volume.

    Small things can weight a lot, large things can weigh less.

    Weight, volume, density, mass.

    For $300, the trouble it takes, my valuable time, then having to chase someone for a lousy $300, too much trouble for my tastes.

    You might feel differently, because its about the principle. Yeah, yeah, yeah, hear that all the time. To me it's about my precious, limited, valuable, time.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,430
    Likes Received:
    3,111
    Trophy Points:
    113

    First thing I suggest you do is demand proof that the dumpster was overweight.

    Generally, when they take the dumpster truck to the dump the entire truck, dumpster, and contents are weighed as a unit and weighed again on the way out after the contents are dumped.

    The dumpster company ought to be able to show you documents regarding the weight of the contents.

    If they can't show you proof now, they won't be able to show proof in court.

    Bottom line, though, I've taken construction materials to the dump and paid extra for weight. Some of that stuff is heavy.
     
  4. bernard milman

    bernard milman Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1


    Thanks for the prompt response. I am not suing them, they are who threatening to sue me for those $300
    My question is: I haven't signed any contract, no one ever told me about potential extra charge. It's a surprise bill for me. If I go to court, can I base my defense on that?
    Thanks
     
  5. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,430
    Likes Received:
    3,111
    Trophy Points:
    113

    Sure, but there's a couple of things you need to understand.

    1 - You don't have to sign a contract to have a contract.
    2 - They aren't likely to sue over $300, they are more likely to send it to collections where they trash your credit score and don't have to prove anything.
    3 - You ordered by phone, but how did you find them? Website? Would have the weight limitation. Craigslist? Something else.
    4 - When you paid by credit card, did you keep a receipt, invoice, etc?
    5 - When the dumpster was delivered or picked up were you given any paper at either or both ends?

    There's a lot of ways you can lose on this in court so I suggest you go see the owner of this company and try to reach a compromise.
     

Share This Page