(Closed) Update: Would You Pay This Bill?

posted 6 years ago in Home
Post # 3
Member
1116 posts
Bumble bee
  • Wedding: August 2008

Oh my goodness!  I’m so sorry! 

No expert, but an outside party can’t foreclose on your house…esp for such a small amt!  They might be able to claim a lein, but that’s totally different.

Post # 4
Member
1116 posts
Bumble bee
  • Wedding: August 2008

P.S. Do you also have written records of your request to him to remedy the situation, and willingness to pay for such a solution?  That should help you a lot in court, in addition to the email you have from the original workman. 

How long has it been since the invoice was sent or payment was expected?

Post # 5
Member
2999 posts
Sugar bee
  • Wedding: May 2013

Power to ya! IMO I think you have a good case.

Post # 6
Member
4355 posts
Honey bee
  • Wedding: June 2013

Foreclose on your house? HAHA. What a joke. Stand your ground and if it’s worth it/you have the means take him to court.

Of course he is bound to if not HELP the situation at least have it be not change (hey, we’re human.. sometimes things that should work as we’ve said – don’t). To make it worse than it even was before is not acceptable. 

Post # 8
Member
2889 posts
Sugar bee

I think this is a tricky situation. It seems that the removed insulation could havecaused the problem but I am not clear (after reading both posts) if you okayed or requested the removal. It also seems shady that he is telling you it is beyond the time to remedy the situation. I would be also be interestrted on why the term for payment of invoice is so short…aren’t invoices standardly 30 days? This just sounds like a headache all around. Best of luck.

Post # 9
Member
12956 posts
Honey Beekeeper
  • Wedding: November 1999

Well, honestly, he has a valid argument too.  He rendered a service as part of a contractual obligation, and, as you said, no where in the contract does it guarantee that this would fix the problem.  But there is a contract, signed by both of you (I’d guess), that says he will do X, and you will pay him Y.  Assuming he did X, you would pay him Y, even if it made the room colder.  Unless you can prove he didn’t do what you agreed to do, then your argument loses a little weight.

Now, clearly, he can’t take your house.  But he can sue you for nonpayment and breaching your side of the contract (i.e., failure to pay).  But even that seems drastic since it’s been less than a month.  The lien seems drastic in that time frame as well, like the PP said. 

Anyway, good luck figuring this all out!  I hope it works out for you!

Post # 10
Member
230 posts
Helper bee
  • Wedding: June 2012

Has he filed a small claims suit? I think that is the extent of what he can do, I am really not familiar with lien filings and he certainily cannot take your house. 

If it were me, I would call up the better business bureau and file a complaint.  Not only did he make the problem worse, the way he is handling the situation is really unprofessional. 

Post # 11
Member
5670 posts
Bee Keeper
  • Wedding: August 2010

I’m not sure where you are located but I do know in MA, for non payment a contractor can file a lien on your property and this would prevent you from ever being able to sell your home. Darling Husband is self employed so unfortunately this has had to be done before. If you have written facts (emails) of the contractor stating that he was supposed to do x,y,and z. If he did not do what he said he did, then you can present that to the judge and let them decide. Also, does your contract have any type of warranty? If so, they should have to come back and fix the problem.

And only the bank can foreclose on your home for failure of paying your mortgage, so he just sounds like he’s a little hot headed and doesn’t know that he’s talking about.

Post # 12
Member
600 posts
Busy bee
  • Wedding: May 2012

I’m with @roxy821 – this could prevent you from selling In the future … You need to get your facts straightened out and persue the case yourself if you have no intention of paying… Otherwise the Lien will be in place and harder to fight years from now when you might want to sell…

Post # 13
Member
487 posts
Helper bee
  • Wedding: April 2012

I think he meant he was sending you to collections.  This guy obviously isn’t the brightest bulb in the bunch.  But I would love to be in the room if you went to small claims court over this and see the judges face when he reads a certified letter threatening to foreclose on your home even before the invoice was due.  Did you check this guy out on Angie’s List?

One thing I noticed, and I may have missed it, but all I saw you repeatedly say was ‘comfort level’ in the room.  ‘Comfort’ is a negotiable and everyone has a personal preference over what they define as comfortable and considering this guy is not the brightest, did you ever say directly you were looking for this to remedy cold and expected the final result to be an increase in temperature or ask how many more degrees you would expect the room to increase by after the project?  He may believe he did what was asked of him on the contract if the contract doesn’t state what your objective was, just the work.  And in that case, he wins.

Post # 14
Member
13099 posts
Honey Beekeeper
  • Wedding: July 2010

While I do think he is handling this whole situation really poorly, I really don’t see how you can not be required to pay this bill.  He upheld his end of the contract by doing the work you approved and requested.  There is no guarentee that that work would fix the problem.

Post # 15
Member
2416 posts
Buzzing bee
  • Wedding: September 2012

HE CANNOT FORECLOSE ON YOUR HOME!!!! YOU WOULD NEED TO DEFAULT ON YOUR MORTGAGE FOR THAT TO HAPPEN!!!

The best piece of advice I can give you is to DOCUMENT everything. He called you? What time, what day, what did he say, etc. and keep track of it all! Print out every piece of paperwork he ever gave you and you ever gave him, make copies, etc and take his ass to court! Take photographic evidence if you need to, etc. but don’t worry, he cannot foreclose on your home. Worst case you need to pay him and pay his legal bills, best case, he has to pay you the sum of money you are suing him for and your legal bills…

 

Where did the notice of lien come from? Make sure it’s authentic…

Post # 16
Member
2416 posts
Buzzing bee
  • Wedding: September 2012

I’m also surprised that he got a lien on your home so quickly…the work was done on the 1st of the month…hmm…30 days haven’t even passed…he may be in desperate need of money for some reason, and you shouldn’t suffer because of that.

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