construction, being sued

Status
Not open for further replies.

goodxgrief

New Member
My jurisdiction is: ca

If there are any construction lawyers out there, could sure use advice. I am being sued and wrongfully so. Offered to help a friend of a friend in painting their house. No contracts, verbal agreement. I paint and he pays $2000 including materials. Each day his behavior is more and more questionable but hey what do I care, ignore! Meanwhile my wife is telling me that something is off about the whole thing. (Ill never dismiss her opinion again lol)

This questionable behavior turns into drug behavior where this person is calling me about every hour freaking and harassing telling me he is going to call my job and request that I get time off to finish his house, threatening me, the whole shabang. This goes on all week and knowing he's a wakco I just want to finish the house and cut all ties. I get more work and tell him that Ill be by to finish the job in a day. He loses it and hires some guys in front of home depot to finish it. Without me knowing. I show up and there are 4 guys with brushes trying to work on this house with obviously no idea what the h*ll they're doing. He starts screaming, yelling and telling me that I needed to finish it when he said, then proceeds to tell me to..., well you get it. I take my stuff and leave. I had a friend in the car who saw and heard it all as well.

3 weeks later, this guy serves me papers suing me for $7,000 saying that his house was damaged. No kidding. This guy paid me 1000 in cash and never paid the rest, hired other people all the while smoking dope in his garage losing his mind. I get the papers and the entire statement he wrote is a lie. He says he paid, the house is ruined, only I worked on it etc. the neighbors had to have seen other people working on the house. I really don't even think this is about the house, this guy is looking for money and he knows I have it. His entire statement is packed full of lies. Literally every line is a lie. This person is a scammer I am coming to find out through others. Now how in the world do I prove this, it seems he said, she said. He gave me $1000 in cash. No contract, nothing.

What a waste of time. Can I sue him right back for time away from work, fees etc? Do I need to file right away? I am not about to get ripped off by some meth head looking for a meal ticket from me. I will do whatever it takes and pay whatever I need to in order to understand this all a bit better. I wouldn't put it past this person to completely falsify anything.

I know that I must represent myself in small claims. What types of witnesses can I bring in and how many? I am thinking people that can testify as to my work, my character as well as my friend that was in the car the day this guy hired day laborers. There has to be a neighbor that heard all this commotion too, it happened everyday at the top of his lungs. Do I go door to door? I wonder if they can send in letters or if they have to appear?

Alot to learn as you can tell, never been to court or dealt with this nonsense.
I'm most interested in reading here and getting advice and exactly what a judge needs to hear. There is no proof of anything other than the pictures I took of the house BEFORE I painted showing how much work I did (pisses me off further as I gave him about 2000 in extra work), my friend and co-worker in the car while dude was losing his mind and having 4 other laborers work on the house, possibly a neighbor that was witness to others workign on the house and this guys character.

He can't possibly get away with this, can he? What happens is a he said, she said scenario? It seems this would just be thrown right out as there was never a contract for anything, I did the work I was suppose to do until the very last day this guy hires some laborers and he didnt pay me what he was suppose to pay (but is saying in his statement that he did) Any construction guys out there? When anyone comes in and starts messing with your work, all bets are off, yes?

Very long, sorry. Trying to get it all out now in the hopes of some sound advice. thanks alot :mad:
 
For starters, he needs to make his case. You might not have to prove anything. What evidence does he have to establish that his house was damaged, and that you were the person who damaged it? And that he paid you the full amount?

I'd start collecting statements from your friend in the car and from the druggie's neighbours to the effect that there were four other people working on the house, and that you were not there when they were working and had no visible affiliation with them.

What happens is a he said, she said scenario?

Whoever is more credible wins.

It seems this would just be thrown right out as there was never a contract for anything, I did the work I was suppose to do until the very last day this guy hires some laborers and he didnt pay me what he was suppose to pay (but is saying in his statement that he did) Any construction guys out there? When anyone comes in and starts messing with your work, all bets are off, yes?

Not necessarily. The lack of a written contract is not a serious handicap to his claim - it would be easy enough to show that he hired you to paint his house. But it's up to him to prove that you're the person responsible for whatever damage he can show.
 
Thanks for this response! Big thanks.

He says in his statement that he has pictures of all sorts of stuff. Things that did not exist. I really think he is scamming me. The house when I left was in perfect condition with nothing more than trim to touch up.

So what I need to do at this point is prove that other people were painting beyond my friend. I am certain I saw the neighbors out during this nonsense.

This is really helpful. Thank you again
 
Status
Not open for further replies.
Back
Top