Labor done for an attorney who also owns a farming business who did not pay for services rendered.

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Labor done for an attorney who also owns a farming business who did not pay for services rendered.

My husband was doing work for this lawyer on some semi-trailers for his farming business. My husband called him and told him that the trailer needed more work than was expected which took 4 weeks and more material to fix. The lawyer agreed that the work needed to be done. Well, when it came time to pay, the lawyer was given the bill and he said he would not pay for the :extra work that needed to be done

Asked on September 15, 2017 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Do not post anything on social media: 1) it will not help you get your money back; 2) if he sues you for defamation, you'd have to prove that everything you said is true to rebut his case--which may be difficult if you don't have written documentation.
Do sue him--even if he's a lawyer, this is a straightforward case: if you can convince the court that he approved the work, he has to pay. If your husband acts as his own attorney, he will be risking very little--just the filing fee, and some of his own time--to bring the case. Even if the lawyer has an advantage since he is an attorney, if your husband makes a credible witness and has at least some documentation (e.g. receipts for materials or supplies), assume he has at least a 20% or more chance of winning: isn't it worth a $200 or so filing fee and some time for a chance of getting $10,000?
Your husband could also "waive" or give up claims to anything over the small claims court limit, sue for just up to the maximum limit, and keep it in small claims, which is a very "friendly" and relatively easy way to bring cases for non-lawyers. While giving up some of the claim, this will enhance his chance of winning at least some of the money back.


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