Do I have any legal recourse in getting some of my money back from a contractor that for 2 service calls when there should have only been 1?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have any legal recourse in getting some of my money back from a contractor that for 2 service calls when there should have only been 1?

I feel that I have been ripped off by a local plumbing company because they charged me for 2 service calls for a job that should have been handled with one. I’ve made contact with management who said I was entitled to a refund but I haven’t received one and it’s been over a month. Now the management is just avoiding my phone calls.

Asked on April 17, 2012 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be very difficult to recover your money. You would have to prove not merely that the job "could" have been handled in one service call, but that taking two calls was an unconscionable commercial practice--basically, that it was done for no good reason but to charge you more. This is not an easy showing to make, since there are many reasons why an extra service call might have been necessary (didn't have all parts  or tools; too late in the day to finish; tried doing A first but it didn't work, so they had to come back and try B; etc.) Further, the only mechanism for recovering money from a contractor would be filing a lawsuit, so you would need to sue (potentially in small claims court, acting as your own attorney) and prove by a "preponderance of the  evidence" that the second call was unnecessary.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption