Legal Question in Credit and Debt Law in Georgia

I work as an IT Technician, but do freelance computer repairs on the side. I recently was referred to a customer - a friend of my mother's - to fix her computer. I went to her home and diagnosed the computer as needing a new hard drive. Because replacing the HD required special tools I didn't have, I informed her that I would need to take it to a repair shop so they can replace it. She agreed. When I got quotes from different shops, I called her to let her know the prices. She told me to "take care of it" and let her know the total owed once it was repaired. I paid $60 out of pocket for a new HD, plus $85 the shop charged me to physically replace it. Afterward, I installed her OS and recovered all her data. I delivered the computer back to her home. I charged her my standard OS Installation/Data recovery fee, plus my out of pocket expenses, then took off 30% because she was a friend of my mother's. Her total was $200. Now she is refusing to pay me because she said she didn't know it would be so expensive and that she has a "friend" who would have done it for cheaper. She offered $120, but that won't even cover my out of pocket expenses, let alone the time/labor I invested in getting the computer fixed. What are my legal options in order to get her to pay me, or at a minimum, to pay me for my out of pocket expenses?


Asked on 2/10/13, 7:14 pm

6 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

PLAN A: You can do the smart business move, take the $120 and move on.

PLAN B: Or you can take a lot of your time, some money for filing fees, and sue her pro se in Magistrates Court (Small Claims Court).

PLAN C: Or you can spend a few thousand dollars and hire a lawyer.

To get $80 extra, you have to decide if many hours of your time are worth PLAN B, or if thousands of dollars are worth PLAN C.

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Answered on 2/10/13, 7:19 pm

I agree with Attorney Ashman. While you may have meant well, you handled this whole thing in the worst way. If you could not fix it, you should have told the woman that and let her worry about taking it to repair shops. You made a gift to her by paying for the repairs and you are not really entitled to your money back unless you had something in writing where she agreed to be responsible. If she is offering the $120, I would take it and be happy.

However, what a small claims judge will do with this is anyone's guess. Its not worth it to hire a lawyer as it will cost infinitely more than $200.

With small claims, you will have to pay a filing fee. If you recover a judgment, that does not mean that you get paid. You still have to collect on it, which will cost more. I don't know what assets the woman has or if she works. If her assets cannot be seized or her wages garnished, then you will be out more money.

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Answered on 2/11/13, 1:19 am

I agree with Attorney Ashman. While you may have meant well, you handled this whole thing in the worst way. If you could not fix it, you should have told the woman that and let her worry about taking it to repair shops. You made a gift to her by paying for the repairs and you are not really entitled to your money back unless you had something in writing where she agreed to be responsible. If she is offering the $120, I would take it and be happy.

However, what a small claims judge will do with this is anyone's guess. Its not worth it to hire a lawyer as it will cost infinitely more than $200.

With small claims, you will have to pay a filing fee. If you recover a judgment, that does not mean that you get paid. You still have to collect on it, which will cost more. I don't know what assets the woman has or if she works. If her assets cannot be seized or her wages garnished, then you will be out more money.

Read more
Answered on 2/11/13, 1:19 am

I agree with Attorney Ashman. While you may have meant well, you handled this whole thing in the worst way. If you could not fix it, you should have told the woman that and let her worry about taking it to repair shops. You made a gift to her by paying for the repairs and you are not really entitled to your money back unless you had something in writing where she agreed to be responsible. If she is offering the $120, I would take it and be happy.

However, what a small claims judge will do with this is anyone's guess. Its not worth it to hire a lawyer as it will cost infinitely more than $200.

With small claims, you will have to pay a filing fee. If you recover a judgment, that does not mean that you get paid. You still have to collect on it, which will cost more. I don't know what assets the woman has or if she works. If her assets cannot be seized or her wages garnished, then you will be out more money.

Read more
Answered on 2/11/13, 1:19 am

I agree with Attorney Ashman. While you may have meant well, you handled this whole thing in the worst way. If you could not fix it, you should have told the woman that and let her worry about taking it to repair shops. You made a gift to her by paying for the repairs and you are not really entitled to your money back unless you had something in writing where she agreed to be responsible. If she is offering the $120, I would take it and be happy.

However, what a small claims judge will do with this is anyone's guess. Its not worth it to hire a lawyer as it will cost infinitely more than $200.

With small claims, you will have to pay a filing fee. If you recover a judgment, that does not mean that you get paid. You still have to collect on it, which will cost more. I don't know what assets the woman has or if she works. If her assets cannot be seized or her wages garnished, then you will be out more money.

Read more
Answered on 2/11/13, 1:19 am

I agree with Attorney Ashman. While you may have meant well, you handled this whole thing in the worst way. If you could not fix it, you should have told the woman that and let her worry about taking it to repair shops. You made a gift to her by paying for the repairs and you are not really entitled to your money back unless you had something in writing where she agreed to be responsible. If she is offering the $120, I would take it and be happy.

However, what a small claims judge will do with this is anyone's guess. Its not worth it to hire a lawyer as it will cost infinitely more than $200.

With small claims, you will have to pay a filing fee. If you recover a judgment, that does not mean that you get paid. You still have to collect on it, which will cost more. I don't know what assets the woman has or if she works. If her assets cannot be seized or her wages garnished, then you will be out more money.

Read more
Answered on 2/11/13, 1:19 am


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