So I'm getting sued

Avatar for fire_bug
iVillage Member
Registered: 03-25-2003
So I'm getting sued
6
Mon, 07-06-2009 - 6:33pm

It's for $420 in small claims court for having some trees pruned. Of course, I'm kicking myself for not paying the bill when the work was done, but it happened just before we pretty much hit bottom financially. After that, I pretty much ignored it because I didn't have the money. Anyway, it was stupid and now I'm paying for it.

The way I see it I have 3 options:

1. Use a CC to pay it
2. Contact them to see if they'll settle for less (I could give them about $100 today, but that's about it).
3. Go to court.

As much as I don't want to do it, I think the first option will be the best. I feel horrible because it's a small local business and they did the work. It's not like the medical bills where the hospitals have gotten paid most of their money through the insurance (that doesn't make the debt any less legitimate). These guys did the work and got nothing.

If I settle, I'm afraid it will damage my credit even more, assuming it's even shown up. I checked my TransUnion and Experian credit reports and it hasn't shown up on either one and it's too soon to get a free copy of my Equifax report, so I don't know about that one. Didn't one of them supposedly stop giving out free reports to consumers? If I go to court, I could get a judgment against me. I don't have any defense. They did the work and I didn't pay them, so I don't see how going to court could do anything but hurt me.

WWYD? Am I correct that if they settle it could damage my credit even more and that a judgment would be even worse? I imagine they could also put a lien on the house if they win a judgment.

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babies




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iVillage Member
Registered: 11-17-2007
Mon, 07-06-2009 - 10:39pm

Get the old Credit card out and pay the people. That is cheap for pruning trees. Believe me I just paid 850.00 to do three trees.


A judgement against you

Avatar for cl_beckymk
iVillage Member
Registered: 03-19-2003
Mon, 07-06-2009 - 10:40pm

Yikes!

iVillage Member
Registered: 10-01-2008
Tue, 07-07-2009 - 8:44am

I can understand not having the money to pay the small company. But on the other hand, I work for a small contractor.

Norma


"Patience is the best remedy for every trouble"- Plautus


iVillage Member
Registered: 01-22-2004
Tue, 07-07-2009 - 2:18pm

Hugs!!!

I don't know the right answer. I can see from your post that you already feel badly for putting yourself and the sm. business owner in this position! I feel for you.

I know that cc's are bad choices but I agree that a court judgement against you is the worst outcome for you here. I also think that since it's already in the courts you may have to check with the owner and possibly his lawyer to see if they can and will still 'drop' the suit if you make the matter right. Keep in mind that to make it right now may include you paying your outstanding balance and the money he paid to start the suit and get this far. Otherwise it's not in his best interest to cancel the suit - he's sure to get the original price and his lawyer/court fees paid from the court win against you.

I'd say your best bet is to contact them, show the remorse you obviously feel and offer complete payment. Since he's already sued you (and has the accompanying financial and emotional investments that entails) anything less may make your situation worse in court.

I know you feel awful about the people and the debt. I wish I could offer a less costly way to go that still stops the legal issue. Maybe someone else has one. Good Luck.
Lissa

Avatar for fire_bug
iVillage Member
Registered: 03-25-2003
Tue, 07-07-2009 - 3:45pm
If I had never screwed up with my money, I wouldn't be on this board in the first place. If I could turn back time I would have done things differently. I had the money when the trees were pruned, just not when the invoice came in. I messed up. I get it. I'm just trying to figure out the best way to keep things from getting worse. For the record, one of the trees couldn't wait, since we'd put it off long enough for the branches to be growing into the house.

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babies




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iVillage Member
Registered: 10-01-2008
Tue, 07-07-2009 - 4:20pm

Neither would I.

Norma


"Patience is the best remedy for every trouble"- Plautus