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Opinions, Being sued for bill already paid!

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Opinions, Being sued for bill already paid!

Old 11-06-2011, 11:59 AM
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Default Opinions, Being sued for bill already paid!

I hired a Crane Company in Aug. 2011 to Replace Some old HVAC units on a commercial building. At the time i was Quoted a price for the crane service and Promptly made payment for the service after it was complete. Now i receive notice of a court action against me for non payment. I go to the bank and get a copy of the canceled check that was written to them proving they were paid for the service. The check has a note i wrote at the bottom stating the address for the particular job and it matches the address on the invoice they are suing me for. Obviously they are going to lose in court.
Unfortunately the same thing happened to me with the same company about a year ago. I was a nice guy and just sent them a copy of the canceled check they cashed for the work and all was well.
Now I'm wondering if i should be such a nice guy and just let them take me to court and file a counter claim for damages. Twice in a year is a bit much. I'm not being paid to do their book keeping. I can't imagine billing my customers twice for the same job. I defiantly won't be using this crane company anymore.
What say's you?
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Old 11-06-2011, 12:02 PM
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They filed suit before even calling you ? Thats odd
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Old 11-06-2011, 12:25 PM
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Originally Posted by triplenet View Post
They filed suit before even calling you ? Thats odd
Yep, sure is.
They sent 1 bill which said to disregard if payment had been made. I paid them at the completion of service.
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Old 11-06-2011, 12:31 PM
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Countersuit????
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Old 11-06-2011, 12:42 PM
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I'd be thinking to send 'em a letter telling them they are pursuing a case with merit -- either they can immediate withdraw their complaint or you will aggressive seek the maximum compensation for having to deal with a frivolous lawsuit.

But before that, I'd spend a few minutes talking to an atty about the value of pursuing this. Then if I decided it was worth my time, I get a book from Internet Brands' new acquisition, Nolo Press, on how to sue in court that is not small claims.
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Old 11-06-2011, 12:43 PM
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That is completely rediculous. Here's what I would do. Go find a young lawyer and give it to them on the understanding that you aren't paying anything. They can burn a few hours which they will get theses knuckleheads to pay. This is good in three ways: 1. You don't have to deal with anything 2. A young lawyer will be able to pay next month's student loan payment 3. Stupid will hurt a little bit thus potentially preventing stupid in the future. Just a thought.
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Old 11-06-2011, 01:00 PM
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Originally Posted by Clear Solution View Post
Countersuit????
A Defendant may file a counterclaim against the Plaintiff by paying a filing fee as outlined above. The procedures involved will essentially remain the same except that the original plaintiff will not be subject to a default judgment should they not answer by the answer date. The claim and counter claim will be tried at the same time. If the Counterclaimant should win their case in court, the original Plaintiff will be subject to the judgment of the counterclaim, including any attorney fees awarded.
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Old 11-06-2011, 01:08 PM
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Send em a letter and be done with it.... Spend time making money not on this BS....

As a Landlord, I have spent more time on lawsuits than I care to recount....

Good Luck
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Old 11-06-2011, 01:32 PM
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Originally Posted by triplenet View Post
Send em a letter and be done with it.... Spend time making money not on this BS....

As a Landlord, I have spent more time on lawsuits than I care to recount....

Good Luck
Your probably right but it sure irks me to waste time defending against frivolous BS.
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Old 11-06-2011, 01:41 PM
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Originally Posted by ChesapeakeBay View Post
Your probably right but it sure irks me to waste time defending against frivolous BS.
You might want to run their name in the local courts online database of court records.
I am thinking that since you have now been tagged twice within a year, your not the only one.
This "double billing" may be a scheme on their part that they do routinely.

If there are companies that mistakenly "can't find your payment" there are just as many out there that would mistakenly pay the bill again.
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Old 11-06-2011, 01:44 PM
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I would call them and rip them a new one. I would then fax over the copy and be done with it. You wont get anything because you have no damages from being served. In the future ensure if you deal with them that you cover your butt.

Just my 2 cents.
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Old 11-06-2011, 01:45 PM
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Originally Posted by ChesapeakeBay View Post
Your probably right but it sure irks me to waste time defending against frivolous BS.
Same here.... I get sued a bunch from properties I dont even own... Lazy attorney didnt check that the property sold and files suit against me - I usually just call and remind them they are inept - and the suit is dropped...

Most of my friends are lawyers and all are a PITA
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Old 11-06-2011, 01:49 PM
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Originally Posted by DoubleO7 View Post
You might want to run their name in the local courts online database of court records.
I am thinking that since you have now been tagged twice within a year, your not the only one.
This "double billing" may be a scheme on their part that they do routinely.

If there are companies that mistakenly "can't find your payment" there are just as many out there that would mistakenly pay the bill again.
Unfortunately, that probably happens more than some people realize. Their accounting department must be a mess....
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Old 11-06-2011, 01:56 PM
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Originally Posted by captbone View Post
I would call them and rip them a new one. I would then fax over the copy and be done with it. You wont get anything because you have no damages from being served. In the future ensure if you deal with them that you cover your butt.

Just my 2 cents.
No question. If it took 3 minutes I'd be shocked. My last comment would be I'll hire another crane service next time.
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Old 11-06-2011, 02:05 PM
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Emotionally I'd want to counter-sue them too but "Plan B" is more practical and cheaper. Instead of contacting the contractor though, I suggest that you respond to the attorney if they are listed on the papers. That way the fool is billed additionally for the time it takes the lawyer to read your letter, discuss it with their client and get back to you.

If you don't get a response make sure the case has been dismissed or show up in court to be safe.

Good luck!
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Old 11-06-2011, 02:11 PM
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I like Kamper's suggestion. Their att bills them for more hours, tells them the bill has been paid, and that they are effed up...

And it's all on them!
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Old 11-06-2011, 02:24 PM
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Much better attack angle Kamper. Rack up the bill on the clown.
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Old 11-06-2011, 02:25 PM
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Check your DNB score! If they assume you haven't paid the bill, they may have also ding'd your credit score!
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Old 11-06-2011, 02:27 PM
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Originally Posted by KismetLRC View Post
Check your DNB score! If they assume you haven't paid the bill, they may have also ding'd your credit score!
Does anyone care about DNB ?
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Old 11-06-2011, 03:49 PM
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Originally Posted by Kamper View Post
Emotionally I'd want to counter-sue them too but "Plan B" is more practical and cheaper. Instead of contacting the contractor though, I suggest that you respond to the attorney if they are listed on the papers. That way the fool is billed additionally for the time it takes the lawyer to read your letter, discuss it with their client and get back to you.

If you don't get a response make sure the case has been dismissed or show up in court to be safe.

Good luck!
As long as they didn't Ding our credit then no damage done. I think what you suggest is a good option. Im going to request a bunch of information in the form of a debt validation from their attorney then send them a copy of the canceled check after they respond. This should cost them some serious attorney fee's.
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