cmbout1022
New Member
Hi,
I new this forum, and will to be frank, I'm really desperate! In a few more days I will reach the 30 day mark of either paying, appealing or defaulting on a judgment. Unfortunately I didn't do enough research to after the fact to realize the randification of actually losing the case.
We built a new home this year. Our brother-in-law do the plumbing for us. My husband and him originally agree to a labor swap arrangement. This was to be a hour-for-hour swap arrangement, only labor all materials were paid for separaely. This was an oral agreement. He finished the plumbing at the end February. The main project my husband was to do for him was his roof. Well We moved into our house and life was good. We didn't have much contact with him for the rest of the winter/early spring. Although we had requested his total hrs a couple of times, but never received them. Anyway, to make a long store short, when I contacted his wife (my husband's sister) asking again for this hours so that my husband could work out a schedule to begin work on their home, her and I began arguing back and forth via email. We actually never argue about the arrangment we just were taking personal slams at each other. This resulting in a call from the brother in law to my husband - demanding his money (he no longer wanted to maintain the original agreement). And when I saw demanding I mean to the point my husband had to hang up on him because he was screaming so badly. Next thing we know we get a letter from a collection attorney demanding payment. We responded that we didn't owe him money we owed him a labor hours and would be happy to satify the arrangement with him. Next we received from the district court taking us to small claims court.
We unfortunately talked to a Lawyer that was more about making peace and moving on, and he recommended that we just go in and let him win the case and we settle either by paying in full or making payment arrangements. Bad advice I think.
So we did just that, wanted it to just be over. We went to court, listen to complain how he never really wanted to do the work, but did it because it was family and then talked a little about the emailing - basically established a "bad blood" case. We didn't really defend ourselves.
Obviously the result was for the plantiff - I have found out since that this will probably result in a public record on my credit - thus hurting my credit rating! Even if I pay it in the 30 days!
First is this true, will it hurt point wise just as much as if I didn't pay it right away? Or is their a difference between the two. If not, should I appeal on the basis that an oral agreement is just as binding as writing if proven??? And because I have not time left and I file the appeal myself and even hope that I will get an appeal - or an appeal denied because I didn't have a lawyer write it up? No time only a few days left! Let me know any last efforts in order not to destroy my credit! Its not really fair.
I new this forum, and will to be frank, I'm really desperate! In a few more days I will reach the 30 day mark of either paying, appealing or defaulting on a judgment. Unfortunately I didn't do enough research to after the fact to realize the randification of actually losing the case.
We built a new home this year. Our brother-in-law do the plumbing for us. My husband and him originally agree to a labor swap arrangement. This was to be a hour-for-hour swap arrangement, only labor all materials were paid for separaely. This was an oral agreement. He finished the plumbing at the end February. The main project my husband was to do for him was his roof. Well We moved into our house and life was good. We didn't have much contact with him for the rest of the winter/early spring. Although we had requested his total hrs a couple of times, but never received them. Anyway, to make a long store short, when I contacted his wife (my husband's sister) asking again for this hours so that my husband could work out a schedule to begin work on their home, her and I began arguing back and forth via email. We actually never argue about the arrangment we just were taking personal slams at each other. This resulting in a call from the brother in law to my husband - demanding his money (he no longer wanted to maintain the original agreement). And when I saw demanding I mean to the point my husband had to hang up on him because he was screaming so badly. Next thing we know we get a letter from a collection attorney demanding payment. We responded that we didn't owe him money we owed him a labor hours and would be happy to satify the arrangement with him. Next we received from the district court taking us to small claims court.
We unfortunately talked to a Lawyer that was more about making peace and moving on, and he recommended that we just go in and let him win the case and we settle either by paying in full or making payment arrangements. Bad advice I think.
So we did just that, wanted it to just be over. We went to court, listen to complain how he never really wanted to do the work, but did it because it was family and then talked a little about the emailing - basically established a "bad blood" case. We didn't really defend ourselves.
Obviously the result was for the plantiff - I have found out since that this will probably result in a public record on my credit - thus hurting my credit rating! Even if I pay it in the 30 days!
First is this true, will it hurt point wise just as much as if I didn't pay it right away? Or is their a difference between the two. If not, should I appeal on the basis that an oral agreement is just as binding as writing if proven??? And because I have not time left and I file the appeal myself and even hope that I will get an appeal - or an appeal denied because I didn't have a lawyer write it up? No time only a few days left! Let me know any last efforts in order not to destroy my credit! Its not really fair.
