Willing to pay judgement once, but not twice

[screwedithink]

Whem we moved to another town we needed some storage facilities built.

A neighbor boy chose to build us some storage buildings attached to our garage as his "senior project" needed for graduation.

Another neighbor is a contractor and offered to get the materials for us at his cost. We were to be made aware of all materials ordered and their cost at the time they were ordered. He also agreed to help the boy if he needed help.

He then proceeded to show up some days and do a lot of the construction himself (for which he charged us with no prior agreement). He made many changes that we disagreed with, but could not physically change. (My husband and I are both physically handicapped).

He presented me with an invoice (in his name) that was due in only a few days. I paid it. A month later he presented me with another invoice (again in his name). On this invoice I noticed some materials that were not for our site. When I asked about it, he had no answer. I paid him for the portions that I felt were fair.

A couple of months later he demanded that my husband pay him in full.
He took this before the magistrate and admitted in the hearing that some of the materials on the invoice he was charging me for were for another job.

The magistrate decided in his favor. When I asked the magistrate why, he said "because he said you owed it to him". He didn't recall discussing the guys admission during the hearing.

I cannot afford to appeal this. It would cost me twice as much to appeal as it is worth. Although I do not feel that I owe this money, I will have to pay it.

I have a couple of questions.

My first question is:
How can I prevent this from happening again? This guy is known for pulling tricks like this. What can I do to prevent him from "finding" another invoice for the same period of time and saying, "oh, I forgot, she owes for this too" and taking it to the magistrate too. This magistrate is known for giving a plaintiff whatever he asks for.
This guy is already talking about us still owing him more for his labor.

My second question is:
This guy may be moving out of state. If he does do this again, would he have to bring it back into PA to do so, or could he take it to a magistrate (or whatever the position) in another state?

 

[FlaRiptide]

Did this contractor ever get a permit for this project? If he was simply "helping" the neighbor boy he might have not persued the requirement of a building permit.

If this is indeed the case, use this to your advantage. Tell him that if he doesn't stop his harrassment, you shall notify the proper authorities of his neglect at getting a permit. He would then run the risk of losing his contractor's license.

Potentially, your County could force you to remove the storage building (that was not permitted), and then you might have a claim against the Contractor for your loss.

I'm not an attorney, yet this seems feasble to me! Good luck...

Oh, your 2nd question: I believe the hearing would reside in the jursidiction where the situation occurred. Thus, he would need to return to your home state.

 

[dee_dub]

If its a small claims matter, he's almost certainly have to return to your jurisdiction to sue you.

If he DOES come up with another "invoice", you can argue the doctrine called "res judicata", which means that this matter has already been conclusively settled between the two of you. He cannot sue you for the same thing again. He might try to argue that he didn't know of the additional invoice when he sued you the first time - tough luck. That's his own shoddy accounting, you shouldn't be liable for it.

 

[screwedithink]

Thanks much to all who replied.

Today I paid the "contractor" for the judgment against me.

The magistrate's office told me last week that I was to pay the "contractor", then he would bring the check to their office and they would issue a receipt to me. I called to ask them about the receipt and they denied telling me that. I remember asking them at the time, how I could be sure that he would bring the check to them. They are now saying that I should have brought the check to them and they would have issued me a receipt.
My attorney had told me that the magistrate should have issued some type of receipt form with the decision to the "contractor" to be given to me when I paid him.

I had the "contractor" meet me at the County Commissioners office. They notarize for free. The "contractor" signed a receipt I had typed up. According to my attorney, it was just as binding coming from me as one he would charge me for. On it I had written the docket number, amount, and that he agreed that we now owe him no money. The notary said that it was properly written.

I also had the docket number and "Paid in Full" on the check memo. My bank will provide me with a copy of the check as soon as it comes in.

The magistrate's office is now telling me that if the "contractor" finds or runs up another bill for materials in his own name, he can take that before the magistrate and ask the magistrate to make me pay it. This particular magistrate would again go along with whatever the plaintiff says. It is what he does. I guess he feels that the defendant should do his job for him. I would have to pay an attorney to fight this.

If this scenario should happen is this grounds for extortion, fraud, or what?

I know this sounds unbelievable.
If it had not happened to me, I would think it was meant as a joke.

I am astounded to find out that I have no legal protection against this happening again. I realize that had the magistrate done his job competently, I would not have had to pay the first bill. Unfortunately, his term lasts until January 2012.