repair ripp-off in reverse

[lisadawn]

I sure need some advice. I work for myself and repaired two expensive ovens for a woman who got my name from someone who I have repaired many appliances for as he owns rental property. One oven I repaired is in this woman's own home and one in her rental property next door. She agreed to the cost of the repairs and verbally authorized them. That was last November and she hand delivered a 20.00 money order to my mailbox.That's all I've received. Does anyone know what rights I have? I live in the great city of Pittsburgh, PA.

 

[NYClex]

Well, it depends on the details, but you most probably have a contract and can sue for payment.

The details that are important to know is: how did the whole thing start, what was offered, when and who accepted the offer, what details were agreed on between you and the lady and so on.

Depending how much money is involved it might be worth consulting with a lawyer.

 

[lisadawn]

Thanks NYClex for replying. Total bill came to $538.38 for both ovens. Is a verbal agreement between us as good as a contract? How it started was she called me because she heard about me from someone else. We set up a day and time for us to meet at her home. I diagnosed the problem on her oven and the oven in her rental property next door. I actually advised her against the repair on the oven at the rental property because the parts were expensive, but she said to go ahead and repair both ovens. I ordered the parts, repaired both ovens and left the invoices on her kitchen counter. She was not there at the time. That's common for me to leave an invoice without having a signature from landlords, and they just mail me a check. That's pretty much it.
I even did a minor repair on her dryer for free while I was there. Also the problem with her oven had caused a direct short so the breaker to the oven had to be shut off. The part was taking awhile to arrive and it looked like she would have no oven for Thanksgiving. I made a special trip to her home at no charge to isolate the shorted component so she could cook for her family.
Any more advice?

 

[NYClex]

From what I can see you had a valid contract. What kind of reasons has this lady given for not paying?

 

[lisadawn]

Hi NYClex..

Her only reason is she does'nt have the money right now. But she keeps promising to send a check. I believe she knew she could'nt pay when she ok'd the job.

I've heard that even if I win in court that it's still up to me to find a way to collect. Is it possible to file "criminal theft of services"?
Is it possible to just remove my parts from her ovens since she never paid for them? Since she paid 20.00 does that change anything?
I really appreciate your time to answer these questions.

 

[Michael Wechsler]

You can sue her in small claims court if it comes to that. The mail order may consist of proof that she consented to the transaction. But let's not jump too quickly. You should send this woman a demand notice would probably be better. She should pay the remaining balance within 30 days in a specified manner so that you can amicably settle this outstanding balance which has been due and owing for a long time otherwise you will need to take other remedies and also charge interest on monies not received.

I could be wrong but you might be able to use a mechanic's lien for the work that you performed...