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

No way you're asking for too much.

Why not ask for more?
 
No way you're asking for too much.

Why not ask for more?
I don't want all that much; I only want the dime and dollar amount of what he received from me and not a penny more.
I'm just hopping mad at him for knowingly taking advantage of me.
I placed the amount he owes me on the papers plus the largest amount allowed for a small claim case in NYC because it seems to be, to me, the best and only way to insure the man would show-up at court. So, not to have him think he could let me get the full highest amount of money asked and have that placed on his credit-report... It would, hopefully, assure he'd tell the truth of what happened. I am only owed the money I gave him... but, if if he comes to court and, out and out, lies to the judge and I have the capabilities of proof of it the judge ( he/she) would have the ability to add penalties for his actions.
 
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.

Again with a whole lot of what I assume are typos, and unnecessary details. It is incredibly confusing to follow your story.

Some may find offense; I do not. :D

I do understand, "Brevity is the soul of wit."

I, do, do many typos and miss spellings; I left school by the time of eighth grade and have some dyslexic inabilities.

Late in life I returned to school to better myself and now with much effort pursue a therapeutic need to write.

And, it is hard to have such brevity and the eloquence of words when you're caught -up in torments of emotion

If you are a writer, you should understand why this is a problem.

In response, if you are a writer

Theresa M Rose
Judge for yourself here.



The contractor after seeing not only the fence and its damages but also sees the damages that were done to their truck as well… The contractor had himself offered to go for me to get the money from the person at fault.

"Accident or not is irrelevant."

Really?! …. really??? An accident?

An accident is an accident and nothing more no-matter who does what there is no real fault just a responsibility to amend the best you can..

But … an 'Oops' this was not.

Irrelevant??? This action was a criminal act. An act of intimidation

And, it is not for the first time…, and it's not like I am the only one, on this block. Here, dealing with these kinds of acts.

They have had cars towed right out of completely legitimate parking spots … when and if anyone parks in what they'd deemed to be their personal spots…. I talking about curb-side public parking?

There are a couple of people who had placed their cars directly in the front of my house with their brand new cars, a curbside spot they covet as theirs.., only to find the new car has been keyed and or had the tires been slashed. Irrelevant acts done on irrelevant people



July 3rd. two of the workers saw me placing out stuff to have a yard-sale on my property and came over to me and ask me why I am not more pleasant to their boss? I simple answered them "I don't like him; I don't have to…"

I was then told by these two men, "You know…; You should be nicer to him; You never know you might need his services someday."

Irrelevant.

This block has a school and a church on it and these people use the sidewalk itself to park their trucks on so nobody could pass and if school is just let-out the kids and parents will have to out on to the street where the cars drive to get around.

These people power-wash their trucks on the sidewalk, the walkway; and, I am not saying just the nose or trunk of the vehicle blocking just a part of the walkway… I'm saying all four wheels on the walkway itself. And, mind-you, this business is a forensic cleanup, asbestos removal, fire and flood restorations service that is power washing clean their germ-rattled trucks. Trucks that are dripping with the filth of some burnt-out asbestos filled building being parked on the sidewalk where they are being power-sprayed with no drain in sight; where, when, in the daytime, while children and others are needing to be able to walk safely to and from a school, a church or really where-ever else they would like to go on this non-commercial street.

Irrelevant.

Seven years of this forensic cleanup, asbestos, fire and flood restorations service business running this block.

It's like you said, Irrelevant.



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.

To this I would refer you to post #16 and the most concise and pithy rendition of the events.

ElleMD I do appreciate your words and your intro-actions:cool:
 
Slow your roll, there is no criminal anything. The guy hit a fence. He was never arrested, charged, or convicted of any criminal charges and it is extremely unlikely hitting a fence would ever rise to that level. Dramatics undermine your case as do all the totally irrelevant allegations and details about what kind of neighbors you have. If you are that hung up on their behavior, talk to a therapist. Burying your legal questions among a bunch of irrelevant rants does nothing to help us answer any legitimate legal questions you have.
 
Again with a whole lot of what I assume are typos, and unnecessary details. It is incredibly confusing to follow your story.

Some may find offense; I do not. :D

I do understand, "Brevity is the soul of wit."

I, do, do many typos and miss spellings; I left school by the time of eighth grade and have some dyslexic inabilities.

Late in life I returned to school to better myself and now with much effort pursue a therapeutic need to write.

And, it is hard to have such brevity and the eloquence of words when you're caught -up in torments of emotion

If you are a writer, you should understand why this is a problem.

In response, if you are a writer

Theresa M Rose
Judge for yourself here.



The contractor after seeing not only the fence and its damages but also sees the damages that were done to their truck as well… The contractor had himself offered to go for me to get the money from the person at fault.

"Accident or not is irrelevant."

Really?! …. really??? An accident?

An accident is an accident and nothing more no-matter who does what there is no real fault just a responsibility to amend the best you can..

But … an 'Oops' this was not.

Irrelevant??? This action was a criminal act. An act of intimidation

And, it is not for the first time…, and it's not like I am the only one, on this block. Here, dealing with these kinds of acts.

They have had cars towed right out of completely legitimate parking spots … when and if anyone parks in what they'd deemed to be their personal spots…. I talking about curb-side public parking?

There are a couple of people who had placed their cars directly in the front of my house with their brand new cars, a curbside spot they covet as theirs.., only to find the new car has been keyed and or had the tires been slashed. Irrelevant acts done on irrelevant people



July 3rd. two of the workers saw me placing out stuff to have a yard-sale on my property and came over to me and ask me why I am not more pleasant to their boss? I simple answered them "I don't like him; I don't have to…"

I was then told by these two men, "You know…; You should be nicer to him; You never know you might need his services someday."

Irrelevant.

This block has a school and a church on it and these people use the sidewalk itself to park their trucks on so nobody could pass and if school is just let-out the kids and parents will have to out on to the street where the cars drive to get around.

These people power-wash their trucks on the sidewalk, the walkway; and, I am not saying just the nose or trunk of the vehicle blocking just a part of the walkway… I'm saying all four wheels on the walkway itself. And, mind-you, this business is a forensic cleanup, asbestos removal, fire and flood restorations service that is power washing clean their germ-rattled trucks. Trucks that are dripping with the filth of some burnt-out asbestos filled building being parked on the sidewalk where they are being power-sprayed with no drain in sight; where, when, in the daytime, while children and others are needing to be able to walk safely to and from a school, a church or really where-ever else they would like to go on this non-commercial street.

Irrelevant.

Seven years of this forensic cleanup, asbestos, fire and flood restorations service business running this block.

It's like you said, Irrelevant.



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.

To this I would refer you to post #16 and the most concise and pithy rendition of the events.

ElleMD I do appreciate your words and your intro-actions:cool:



I have loved poetry for decades.

You definitely have a talent.

Keep at it, do it for yourself.

Your work shows great promise, emotion, and heart.

Writing is therapeutic.
 
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