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My question is do you think that I am stretching on the $$$ amount of the SUIT

Discussion in 'Small Claims & Municipal Court' started by Poe's Home, Oct 15, 2017.

  1. Poe's Home

    Poe's Home Law Topic Starter New Member

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    My question is do you think that I am stretching on the $$$ amount of the SUIT



    I have hired a person to replace a fence for me. A fence that the person's next-store's relative to me had with malice aforethought took a truck and ripped right out of the ground on me. On Oct. 21,2016 at/around 10:30am. the renter's relative backed and froth their truck and when I came to the door I saw him rev the truck up and plow into the fence; he did this and ripped the whole side of his recitative's truck to boot.
    I never got an apology for his actions or anything but that's neither here nor there of this other than to help you understand why I needed the fence replaced.
    I got several estimates and on Nov. 11,2016 I signed a contract with this man to do the work for $1750.00 I gave him half the money $875.00 in a bank-check 0n 11/14/2016 and I made the other half another $850.00 in a money-order to assure him all his money and he agreed and said he would help me deal with getting the money from the one next-store and then return my bank-check to me.

    He made a date to start the job but then told me the fence didn't come in yet and we need to fix a new date when the fence comes in... And then when he said he needed time to put the fence together and then changed the date again because the weather and he would start after the holidays. Then after several more times of changing dates due to weather and other reasons including this one time that he said that his truck that was suppose to be in front of my door two hours earlier was up in the Bronx on the highway in the retaining-wall collapse and he would need to repair the truck before coming. Several weeks passed and I call him to find out where my fence is because it still wasn't in front of my home?!

    He told me the guy next-store had made a second contract with him for the fence for $1300.00 and the guy threatened to only pay $1000.00 if he, the man I hired, tried to say one word more.?! I told him " I paid you? Your contract is with me? Forget him just do the work and I'll sue the jerk!? Just do the job! He made a date and told me his worker Mark would do it. The day before Mark was to be here Mark called me and said that the fence is no-longer available from the company?! I said "Mark; Steven had the fence?! He bought it back in November?!

    "Oh? It must be somewhere in the store-house?" is what Mark said.

    After this neither Mark or Steven would take my calls.

    I had to use a different phone to get them to answer and... making a long story made just a little bit shorter it is now... Oct.15th. 2017 and the fence is not done?! I talked to the wife of the jerk next-store and she gave me proof of the Contract they had with him at $1300.00 that was made on 12/14/2016, letters from Mark that's telling them that Steve was ripping them off and they gave me proof that Steve repaid them their money?! I called him ; I told him I'd sue him for Breach of Contract Steve said he never cashed the bank-check so go ahead try And he said I could go get my money back from the bank if I was intelligent enough to have kept the receipt.

    I went to the bank; I still have paperwork from 1979 when I first moved out of my mother's house! You know I have the receipt; The bank check and the check was cashed on November 15th,2016 that's before he made a Contract with them next-store? So I think that proves he had no intentions right from day one of ever doing the work and I filed a suit on him on Breach of Contract and fraud and I put down $5000.00 as the amount I'm suing him.

    My question to you all is do you think that I am stretching on the amount of the lawsuit at $5000.00 or do you think I should have a lawyer by my side to come to the court-house with me? Or do you think... what of this issue?

    PLEASE, TELL ME YOUR THOUGHTS ABOUT THIS MATTER.
    I REALLY WOULD LIKE TO HAVE SOME OTHER'S OPINION

    I have been told, " You are out $1750. You are seriously stretching the amount of the lawsuit. You are only due $1750" .My answer to that....
    But he had never ever intended to do the work when he took my money and I have proof of his saying he didn't cash the check I gave him he told the service that gave me his name in the first place this very thing?! I have the bank's confirmation of it being cashed
    And he made it so I had to stay home and made it impossible for me so many times to go to my very important medical appointments.

    This man made this contract with me and then he went next-store to the person who cause this whole problem in the first place and he made a second contract with that person for $1300.00

    I would think Compensatory and punitive damages would be in order when because of his actions being so egregious and fraudulent..,
    With his knowledge that this job was needed because a crime of an act of intimidation by the one next-store this man had figured one victimization deserves another and decided to take my money?

    Who knows how many others has this man done this to and had got away with their money and how many more in the future will be rooked by him?

    You say I am only out $1750.00 but this in not completely so...?!
    I had days, so many hours of time just waiting on this man to come to do what he had been telling me he was coming to do?!
    Days where he had me on the phone to make sure I was home and saying he was just getting in his truck and was on his way?!
    In these near 11 months I had to cancel my doctors at least 40 or 50 times; needed appointments I went to two times a week and half of them this person made it that I had to cancel appointment after appointment to ensure that I would be here when he would arrive?!
    This is not that this man just took my money and never looked back???
    He rooked me and enjoyed all 11 months of hurting a person who he made to trust him???
    He kept me on the belief that he was coming and he had every intention to show-up and do the work???
    So many times after not showing he'd convince me he had tried and make new plans to show???

    How much do you think the cost would be if you were standing in these shoes?
    Money is money; I think I'm out of much, much, more than money?

    I would think Compensatory and punitive damages would be in order

    You don't?

    I've also been told...
    " If the OP ends up getting the fence put in at a higher cost, then he's actually out the additional money as well. For example, if the fence is going to cost him $2,000 to actually replace (through a new contractor), then the old contractor should pay him $2,000...not just the $1,750.

    In any case - $5,000 is way out of line."
    Another said, " Just be sure if a new fence costs more that it is of like grade and quality as original contract ...deadbeat contractor is not responsible to pay for your upgrade and its an unwise point to open up.

    My reply to this...

    I wrote on the court papers $1750/ $5000.00
    So to leave it up for the Judge's discretion to decide the amount he should have to pay.

    I feel when he is in front of the Judge he will try to lie and when he gets caught lying to a Judge...

    He thinks I am to way too dumb to keep the paperwork from the bank for the Bank-check I gave him?!
    My Step-Father was a three-War-Vet; Military-Mantra " Make copies three then make one for me!"
    I keep a file for everything! You never know when you'll be questioned about it and my Step-Father said never keep all copies in the same place; I send a copy of my paperwork in a by-annul ( every six-month) report i make for to each of my siblings for their records on this house. It is owned by the three of us and they need to know what to do ( what I do here) if something happens to me.
    I ask every thee months for the phone company to send me a list of all incoming and outgoing calls to my phone-number
    and I download all emails on a monthly bases to make sure I wont be told " I sent you an email; didn't you get it? "
    or " I called you don't you remember?"
    of course my apartment looks like a file-bomb's gone off twice a year because of my way of filing on my papers at the everyday level. I keep piles here and there all over and it looks like I don't keep anything and when he, The Contractor first walked inside here I had just started gathering my papers to file and this place looked like a hoard-house. I only had a small trial for my walker to get around the apartment. And, not to mention the fact of I was rather distraught over the damages done to my property.
    Man must of thought this old lady couldn't find her own head if you were to point it out for her?!
    I am a writer by trade and with half my books not staying on their shelves where they belong; this place at the times of preparing tax and status reports, as you could imagine, looks unkempt to those who do not know my filing-routine.

    I feel when he is in front of the Judge he will try to lie and he will be caught lying to a Judge... because I hold proof.
    I am dumb to trust in others and give them every chance to do the right thing but I am not so dumb to hand out cash or not hold on to records I need for taxes?!

    Someone told me I should have gone to my insurance company for the money to fix the fence I did They do not pay for vandalized property.

    I am taking the person next-store to court for his part and the man too for twice overly victimizing me by taking my money and making me chase-tail for 11 months.
    If you were the Judge???

    another had said," If you have a landlord, the landlord should pay for it. Why won't they?"
    I wrote to that...
    I am one of the three owner's and the property manager?! I'm taking the person who had ripped the fence out of the ground with malice aforethought to court for what he done to make him pay for what he did and that case is set to begin on 10/17/17 this man has a business right next to my home and he has been the worst person towards everybody on the block. Two of his workers on 7/3/16 had made threats at me that if I'm not nicer to their boss I may need his services! The business is a a fire, flood, asbestos and forensic clean up business that does not belong on a residential street with a school on the block; they act as if they own the world here and the police do nothing about them because they do jobs with them and he has had people's cars towed out of good parking spots that he wanted; he had even threaten the girl next to my house that if she didn't move her brand new car right away she'd be upset, he was holding up his keys at the time standing at the driver's side-door at the time. He has been here since 2010 and there has been some who moved off the block after decades of living here just not to have to deal with this person anymore. When his workers said what they did they didn't threaten just me they threaten my tenants as well. After the fence came down my top floor tenants moved out. I lost two months of rent and had to give those tenants their last month and their security back even though when they left they left without notice; they told me five day before they left and why. I couldn't do anything about it they shouldn't have to live in fear.

    But this is neither here or there...

    This is a case here is of the Contractor I have hired to put in the replacement fence?! And, it is about this person with his knowing that I had already been vandalized then made a choice to vandalize me himself.
    I even had received this reply on a different site

    " Not that it is germane, but would you please explain what is meant by a "person's next-store relative"? The phrase "next-store" is loony enough, but this "next-store relative" business on top of suing for almost thrice the contract price - not to mention thinking of paying a lawyer upwards of three to five hundred dollars per hour to hold you hand in court - seems pure lunacy. Is it possible that you left you mother's nest a bit prematurely?

    Have you considered that because of the huge disparity in what you are asking the court to award you and your actual out-of-pocket that the judge might look suspiciously upon and arouse misgivings as to the veracity of your testimony?

    And speaking of testimony, don't expect the judge to listen to the same blabbering about the next-store relative mowing down the fence, etc., etc., as you have laid on us. Its not relevant and won't be tolerated!"
    My repose...
    The owner of the business right next to my home; the owner of that business isn't the owner of the property his a merely a tenant of the person who owns the property. He, the business, left town on the very day the fence came down; he gave the keys to his trucks to one of his family member's.
    This same family member only two months earlier towed another neighbor's car out of a parking spot they fancied to be theirs on the street and he took the car to an impound-yard where when the neighbor finally found his car. His car was smashed-up with flats and the plates were seating on the front seat.

    You may think my asking for so much money is off the wall... but I really don't think to get much different than my dollars back and a chance to stand up to these people, the contractor, the business next to me and the man that owns the property who has know from all the neighbors that called him just what this person has been doing here.

    I have two cases at the court this case of the contractor;
    and the other on the business who's truck took out the fence and his landlord who allowed him to stay here for seven years with full knowledge of his tenants behavior?!
    I will be asking for an application to refile with the new price of the fence replacement and find if I could get a judgement on them for the intimidation I and this whole neighborhood has had to Indore for these last seven years

    I do have an appreciation in hearing your thoughts about this... It is so helpful to me to have another person's thoughts on this
     
    Last edited: Oct 15, 2017
  2. Highwayman

    Highwayman Well-Known Member

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    When you take that novel you wrote and reduce it to a few sentences containing the bare facts then maybe someone will read it.

    Go to your local community college and sign up for a creative writing class if you want to write essays.
     
    Poe's Home, zddoodah and hrforme like this.
  3. Poe's Home

    Poe's Home Law Topic Starter New Member

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    :)
    This part are bare facts:
    My question is do you think that I am stretching on the $$$ amount of the SUIT


    I have hired a person to replace a fence for me. A fence that the person's next-store's relative to me had with malice aforethought took a truck and ripped right out of the ground on me. On Oct. 21,2016 at/around 10:30am. the renter's relative backed and froth their truck and when I came to the door I saw him rev the truck up and plow into the fence; he did this and ripped the whole side of his recitative's truck to boot.
    I never got an apology for his actions or anything but that's neither here nor there of this other than to help you understand why I needed the fence replaced.
    I got several estimates and on Nov. 11,2016 I signed a contract with this man to do the work for $1750.00 I gave him half the money $875.00 in a bank-check 0n 11/14/2016 and I made the other half another $850.00 in a money-order to assure him all his money and he agreed and said he would help me deal with getting the money from the one next-store and then return my bank-check to me.

    He made a date to start the job but then told me the fence didn't come in yet and we need to fix a new date when the fence comes in... And then when he said he needed time to put the fence together and then changed the date again because the weather and he would start after the holidays. Then after several more times of changing dates due to weather and other reasons including this one time that he said that his truck that was suppose to be in front of my door two hours earlier was up in the Bronx on the highway in the retaining-wall collapse and he would need to repair the truck before coming. Several weeks passed and I call him to find out where my fence is because it still wasn't in front of my home?!

    He told me the guy next-store had made a second contract with him for the fence for $1300.00 and the guy threatened to only pay $1000.00 if he, the man I hired, tried to say one word more.?! I told him " I paid you? Your contract is with me? Forget him just do the work and I'll sue the jerk!? Just do the job! He made a date and told me his worker Mark would do it. The day before Mark was to be here Mark called me and said that the fence is no-longer available from the company?! I said "Mark; Steven had the fence?! He bought it back in November?!

    "Oh? It must be somewhere in the store-house?" is what Mark said.

    After this neither Mark or Steven would take my calls.

    I had to use a different phone to get them to answer and... making a long story made just a little bit shorter it is now... Oct.15th. 2017 and the fence is not done?! I talked to the wife of the jerk next-store and she gave me proof of the Contract they had with him at $1300.00 that was made on 12/14/2016, letters from Mark that's telling them that Steve was ripping them off and they gave me proof that Steve repaid them their money?! I called him ; I told him I'd sue him for Breach of Contract Steve said he never cashed the bank-check so go ahead try And he said I could go get my money back from the bank if I was intelligent enough to have kept the receipt.

    I went to the bank; I still have paperwork from 1979 when I first moved out of my mother's house! You know I have the receipt; The bank check and the check was cashed on November 15th,2016 that's before he made a Contract with them next-store? So I think that proves he had no intentions right from day one of ever doing the work and I filed a suit on him on Breach of Contract and fraud and I put down $1750.00/ $5000.00 as the amount I'm suing him.

    My question to you all is do you think that I am stretching on the amount of the lawsuit at $5000.00 or do you think I should have a lawyer by my side to come to the court-house with me? Or do you think... what of this issue?

    PLEASE, TELL ME YOUR THOUGHTS ABOUT THIS MATTER.
    I REALLY WOULD LIKE TO HAVE SOME OTHER'S OPINION

    Beyond this the writings are added on...
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Yes, not only are you stretching it but you are delusional if you think you'll even get it.

    You are only entitled to the money back that you paid the guy, plus your court costs and process service fees. Period.

    The lesson learned here is NEVER give a contractor money up front, especially for something like a fence. Buy the materials, then hire the labor and don't pay anything until the guy shows up and does the work.

    Hmmm. Pay a lawyer $300 per hour for a $1300 lawsuit? Well, that's certainly your prerogative. Just understand that you don't get awarded attorney fees unless your contract had a bilateral attorney fee provision. Did it?
     
  5. Poe's Home

    Poe's Home Law Topic Starter New Member

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    I thank you for your thoughts; I do know the the first complete up to date info of the matter is very long But I think you may feel differently about this... I am not really looking for the big money of the suit but the affect of a judgement from a Judge on this person.
    As well as the effect this will have on the other case on the ones who caused the damages in the first-place:)
    As always thank you for any and all input you can give
     
  6. cbg

    cbg Super Moderator

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    Since you ask, yes, I think you are stretching it. You won't get it, and how the judgement affects the other person is none of your freakin' business.
     
  7. Poe's Home

    Poe's Home Law Topic Starter New Member

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    It sound like you think I am worried about the feelings of the person that broke-down my fence or the contractor?
    I can assure you I am not at all caring what they think or feel at this point.
    I am however concerned on the out-come and transcript on this case, with the contractor, and just how it will help booster my case against the the business next to my home?!
    I have filed a case on him and on his Landlord for damages due harassment and intimidation based of the tenant's behaviors towards me and the other neighbors on this block.

    I do worry that asking for $5000 sounds highly vindictive I do not have a single expectation of any financial win-fall of any kind; I would be overjoyed to get my proverbial dime and dollar back.
    And, I would be more than happy to have the judge to say that I proved my case and the contractor was wrong to take my money when he had never intend to do the work.

    Thank you for your words they help more than you know;)
     
  8. adjusterjack

    adjusterjack Super Moderator

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    You should worry. It's called "abuse of process" when you sue for something you know you can't get.

    One more time, you are only entitled to the $1300 plus court costs and processing service fees. Period.

    Sue for more and count on the judge making you very unhappy.

    Your lawsuit against the contractor has nothing to do with your suing your neighbor for the cost of the fence.

    No, you won't be happy when you get a judgment that you can't collect because your fly-by-night handyman is a deadbeat and has no money.
     
  9. mightymoose

    mightymoose Moderator

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    Small claims court will not award punitive damages, so you can take that off the table.
    Whatever damages you seek you need to be able to show evidence of- proof of the checks, proof they were cashed, proof of the agreement, and proof the agreement was not carried out after payment.
    $1750 is likely all you can recover, assuming both the bank check and the money order were cashed.
    Lesson learned- don't pay until the work is done.
     
  10. cbg

    cbg Super Moderator

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    Oh, I think it is quite clear that you don't care about his feelings, and that you are in fact trying to inflict as much pain on him as possible. Yes, you sound decidedly vindictive and that is NOT going to score points in your favor with the judge. Dial the malice down a peg or two.
     
  11. Poe's Home

    Poe's Home Law Topic Starter New Member

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    Malice I have is for the business next to my home who caused all this in the first place.
    The contractor I am very disappoint that he felt that it was a good idea to take my money the $1750 from me
    And then he went to the person who broke the fence in the first place and made another contract with that business next-store to me for $1300 for the same job and then tries to keep all the money without ever putting up a fence at all
     
  12. ElleMD

    ElleMD Well-Known Member

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    What is a "next-store"? Are you trying to say "next door", as in the home or business that is beside yours?

    As best as I can tell, you had a fence on your property and it was damaged in some way by someone visiting the property next to yours. You hired a contractor to replace the fence and paid half of the cost up front. It is not clear whether or not you ever signed a contract. The contractor never built the fence. You have recourse for the money already paid and perhaps court fees, but that is all.

    It is unclear why after months of stringing you along, you didn't hire a different contractor and at that time pursue getting your money back from the first one you hired.

    I can't make heads or tails of the situation with the neighbor. You are certainly welcome to ask them to help pay for the damage to your fence done by their visitor. That would be an agreement between the two of you and has nothing to do with the contractor you hired.
     
  13. cbg

    cbg Super Moderator

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    Okay, you go right ahead and show all this vindictiveness to the judge. Don't come back and whine to us when it works against you in court.
     
  14. Poe's Home

    Poe's Home Law Topic Starter New Member

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    As best as I can tell, you had a fence on your property and it was damaged in some way by someone visiting the property next to yours.



    No, the owner of the business that is on the property next to my home had given his family member the keys to the trunks a then took a trip out of town on the day the fence came down.

    In the morning, on 10/21/16 at or around 10:30am. I was in my office and my window was open; I heard the trunk, on the property next to mine, revving up and moving back and forth many times. I got up off my walker, with wheels, and made my way to the front door. I opened the front-door and placed the front-wheels of my walker outside my door, stuck my head out and looked towards where the sound was coming from. That’s when a high-pitch screeching noise filled the air, dirt and pebbles started flying all over and the truck lunged forward taking the fence right out of the ground and ripping-up the whole side of that man’s work-truck to boot. The man behind the wheel of that truck got out and walked towards the front of the truck and he then yelled to the other men who work at that business, in a laughing tone, “Don’t worry, nobody saw me do it!” He looked me dead in the face and smirked at me and then he walked to his car got in it and simple-ly drove away.

    The workers of the business were floored the actions of what just happened and my fence was completely out of the ground.

    And now, metal looks asif there were a half a dozen harps entangled together where the gate and fence stood just moments before.

    This action was by no means an accident nor is it the first time this type of thing has happened from these people. Since 2010 this block has been having these people’s harassments

    A simple accident would be a “crap- dent”

    The fence dented but still in the same general area; not between 4 and 5 feet towards the curb of the street?!



    It is unclear why after months of stringing you along, you didn't hire a different contractor and at that time pursue getting your money back from the first one you hired.



    The contractor I hired made a contract with me; and he said he would help me get the money owed to me so I would need to fight with the guy who owns the business next to my home. I trusted him. I do grant you I am very slow when it comes to given up on people to whom I given my trust. He made me feel he was placing himself in harm’s way in dealing with them for me. And at first they were all perfectly good legitimate reasons in having to wait on his getting here to put in the fence; the fence order didn’t came yet, he had to put the fence together ( I watched the first people who put the first fence and together that spanned the whole property and it took 8 people and a 15 hour day to place down the whole thing from start to finish) so I know two men it will take time.

    And then he told me “Mr. Boryk is giving me a hard time; So, let me straighten things out with him and then we can go on from there.

    That is when he, the contractor, went to the property next to mine and made a second contract with them . That contract was for only $1300.

    I told Steven the contractor, “ He can’t make that contract with you??? I own this property not him???”

    Then I said, “ Just Take his money do the work and I pay you the difference and take him and his landlord to court for the $450. You are holding the bank-check I gave you so if he doesn’t give you anything more you still know your money is guaranteed you. We’ll have no problems from here on out”

    I sent their landlord a letter telling him just what his tenant were doing and I let him know I would hold him as responsible as his tenants.

    He assured me he’d talk to them.

    As you can tell I was fully invested in the idea that this man, Steve, was going to put the fence in and was going to do right by me.

    I know, I know I’m dumber than a stump.

    BUT NOW...

    I am still rather stupid... I think right is right and I need to, I hope, hear a judge agree

    I was wronged by both of these people.

    I wont be bullied by the business next to my home
    And
    I wont allow a man to make me trust him so he could Rook me out of money.

    If I replace the fence before taking him to court or making him pay for it I wont have the proof I need in court?!



    I do thank you for your words writing about this has a calming affect on me and it helps:)
     
  15. Highwayman

    Highwayman Well-Known Member

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    I guess it's impossible for you to be concise and pithy when you write. How unfortunate.
     
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  16. Poe's Home

    Poe's Home Law Topic Starter New Member

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    Man broke fence
    Contractor made contract $1750.
    I made check $875 and made money order for $875 for end of contract.
    Contractor is to get money from man who broke fence; and then return me my Bank-check.
    New fence would be in and Done.
    But...
    Contractor makes second contract with man who broke fence?!
    Contract with them was for $1300. and man made check for $650.
    Contractor has two checks mine and man's...
    11 months no fence???
    Man gets his check back?!
    I do not
    I was told, " I never cashed your check go to bank with the receipt if you kept it and get your money back?!"
    I went to bank and hand the teller the receipt.
    Teller tells me," Check was cash the day after it was issued.
    I gave contractor check the same day I had it made.
    He lied.
    I'm going to court.
    The End:D

    PITHY?



    Thank You Highwayman for all the interactions
     
  17. cbg

    cbg Super Moderator

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    Fine. Go to court. No one is saying you shouldn't.

    What we are telling you is that you're not going to get one thin dime over your actual costs and if you show the attitude you've been showing here to the judge, you'll be lucky to get that.
     
  18. Poe's Home

    Poe's Home Law Topic Starter New Member

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    This I know is truer than true that is why I have been thanking you so much so I can get this out of my system and go to court and be in front of the judge and ask her/him " Your Honor, please make this man give me back my money so I have money to pay someone who will put in my fence. And then, at that point, shut my mouth!

    ;)Thank You for helping me;)
     
  19. Poe's Home

    Poe's Home Law Topic Starter New Member

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    :cool:You have no idea how much of a compliment these words are for me I have had writer's block for too long now and, I could tell you, it is nice to think maybe I may get back to my work again.
    Thank You Theresa M Rose
     
  20. ElleMD

    ElleMD Well-Known Member

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    Again with a whole lot of what I assume are typos, and unnecessary details. It is incredibly confusing to follow your story. If you are a writer, you should understand why this is a problem.

    Accident or not is irrelevant. A visitor to the property next to yours damaged a part of the fence. You hired a contractor to fix it. I can not understand for the life of me why you would expect the contractor to deal with your neighbor for you. He has no dog in this hunt. You hired him to fix a fence. Any recovery for damages or cost sharing was on you and you alone to work out with the neighbor, the visitor, the landlord, or the man in the moon. Whatever deal the contractor worked out with the neighbor is irrelevant to you. If he managed to convince them to pay him some amount of money that is between he and they. It does not change your contract with him nor what you owe.

    It is also not clear what you did at the bank. It really isn't relevant to this whole situation either. Were you trying to stop payment on the check you gave him? If he already cashed it, obviously stopping payment would not work. You gave him the check, so he could properly cash it. If he misled you into thinking he hadn't yet cashed it, its dishonest but changes nothing.

    It isn't clear either, why the contractor hasn't fixed the fence. Your recourse is to sue him for the money you paid him back. That's it.

    If you wish to sue your neighbor for damage done to the fence, you may do that as a separate action.
     

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