Legal Question in Business Law in New Jersey

Customer or contractor, who owes who?

advertiseed in paper, customer responded, went to his house, gave daily rate and scheduled work, for 2 weeks later. verbal contract with customer to do house repairs. I was sick and canceled the first day, they canceled the whole job that same day. They left msg on my answer machine, saying that they would do the work themselves. I filed in small claims court for $1,300. for canceling work with no notice, causing me to lose 1 weeks work. He counter sued for failure to do the work for $4,000!!! Can I use his msg on my answer machine in court against him? Since he is perjuring himself, why not file criminal charges? Where can I get a subpoena form to get phone records? Thank you!!!!!


Asked on 5/10/00, 8:27 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Customer or contractor, who owes who?

The judge will call this one. Difficult since agreement to perform is verbal, not in writing. In any event, there is a form of subpoena you can use (fill in the blank spaces and sign for the clerk of the court where suit is pending, as well as for yourself - indicate your name as attorney - Pre Se ), but I cannot attach it - if you give me an e-mail address, I can send it to you.

You can use phone message as it was a consenual call.

Walter

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Answered on 6/28/00, 10:53 am


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