What to do if I had a repairman come to my house to fix my refrigerator but he instead ruined it and then sued me when I stopped payment on his check?

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What to do if I had a repairman come to my house to fix my refrigerator but he instead ruined it and then sued me when I stopped payment on his check?

After the ork was completed he said it would take 24 hours to cool down, but was fixed. I quickly discovered he put the wrong type of refrigerant in it which ruined it. I called the repairman and stopped payment on the check. I have now been served a Civil Action Hearing for stopping the payment on the check. Should I go to court or should I pay the original bill and court fees and then take the repairman to court for negligent work?

Asked on October 29, 2014 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have three options:

1) You can pay the repairman and the court fees than sue him for negligently (carelessly) destroying your refrigerator.

2) You could defend against his claim in court by interposing a counterclaim and set off: the value of the refrigerator, which he destroyed by negligence. Assuming you can prove this, the court might net out his claim vs. you and your claim vs. him; or could potentially find that the reapirman is not owed anything, because he breached his contract by not repairing your refrigerator, and in addition award you the value of the refrigerator he destroyed.

3) Or you could settle with him on some basis--e.g. maybe you each do not pay the other and there is a mutual relief--based on informing him you will sue him for the value of the refrigertor. A settlement is, of course, voluntary, but he may agree to one if he knows you will otherwise sue him.


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