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I was sued. I paid. Case closed. He is sueing me again!?

Discussion in 'Small Claims & Municipal Court' started by cola, Oct 5, 2009.

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  1. cola

    cola Law Topic Starter New Member

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    I think I misread the order.

    The order goes something like this

    Pay the plaintiff $$ "punitive damage" to conference

    I thought when I get the order, it's done. I guess not
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Wow. That's very, very different. Apparently the court is already spanking you with punitive damages? If you want assistance, you're going to need to provide all the relevant facts as to where you're at. At this point the court has found that you've done something in contempt of court and ordered to pay. Perhaps it could be you refused to provide something ordered for discovery. Now the plaintiff is amending its claim to sock the rest to you - the underlying claim they are suing you for, e.g. the actual amount of the unpaid bill or damages, interest, and/or the addition of other consequential damages. That will be ordered to pay in the court's verdict/opinion as well. This does not look so good and there is a LOT more, as I suspected. Good luck with this.
     
  3. cola

    cola Law Topic Starter New Member

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    The plaintiff claimed the "Punitive damages" and the $$

    I agreed that I owe the money but not the Punitive damages

    So we will discuss the punitive damages on the conference

    Question is, when is the best time to file a motion to dimiss the case?
    or should I just wait for the conference day?

    The money we are talking about here is less than $20
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Ok, that makes more sense. Only on rare occasions is a party required to pay an amount during trial. The punitive damages action seems absurd. If you agreed to pay the principal in court - did you do so before trial? Why is the plaintiff suing you? Did you not agree to pay before trial but did so only after he sued?
     
  5. jharris352

    jharris352 New Member

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    You better go to the conference. That is where you can show you already paid. Do not ever miss a court date. You don't file a motion to dismiss, you go to court like I told you before and show you already paid. If you resist the advice you will end up paying him again.
     
  6. cola

    cola Law Topic Starter New Member

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    I missed his payment. I thought I paid him already he is one of my online contractors. Honest mistake on my part
     
  7. dee_dub

    dee_dub Moderator

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    Here's an idea: tell us what happened, why the guy is suing you, what you all have filed, and what exactly the court has ordered. Garbage in, garbage out.
     
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What am I missing here? He says you didn't pay him. You say you did. Your proof of paying him is.... what exactly? If you don't even have a reason other than "I thought I did" without even checking, then I'm beginning to understand why this contractor is going for the jugular and desiring to obtain all the damages he can get for wasting his time because you weren't to be bothered to simply confirm that you did or did not pay him. From what I'm reading, you agreed you owed the money during trial. There was a motion made for punitive damages and the plaintiff has also decided to put in the rest of the consequential and incidental damages, e.g. you have no defense and caused him to go through the great waste of time preparing for suit and going through suit without defendant having any defense to the lawsuit. Is that what we're talking about?
     
  9. cola

    cola Law Topic Starter New Member

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    Ok let me make it clear

    1. I hired contractors to do online task for me including the plaintiff
    2. I paid everybody except the plaintiff, I missed his name on the payroll (honest mistake)
    3. few months later the plaintiff served me with a lawsuit. Claiming the money I owe him (less than $20) + punitive damages (thousands) This is the day I found out that I missed his payment.
    4. I filed my reply to his claim saying I do owe him the money and will pay him right away but the punitive damages is too much so I denied it.
    5. Few days later I got the order from the court to pay him $$ then something like "punitive damage to conference"
    6. I paid him then he sent me back the receipt.
    7. few days later, he amended his claim with more details. He added few hundred $ to his claim.
    8. I filed my amended reply.

    That is where we are right now, waiting for the conference date.

    I just want this to be over with.

    Any advise on how to resolve this quick?
     
  10. jharris352

    jharris352 New Member

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    There are no punitive damages available to him. I'm not even sure why they ordered that to conference. Arent you the same guy who has someone suing him for $4?
     
  11. cola

    cola Law Topic Starter New Member

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    Yes sir. the $4 is still not confirmed if he will actually sue me but he just said he is considering.

    It is crazy how people will sue for as little as $4 =(
    I offered to make payments but they won't take any.
     
  12. jharris352

    jharris352 New Member

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    How much are you "offering to make payments" for .50 cents a month? Why would you make payments on 4 dollars?
     
  13. cola

    cola Law Topic Starter New Member

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    I offered him times 3 I will even offer him $100 but he just doesn't want.
     

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