Legal Question in Civil Litigation in Pennsylvania
Painting/Contracting
Oral agreement with a painter (referred from neighbor) to paint 3 rooms including some substantial patching. Price was stated at $3,000. Asked for $1,000 up front and demanded $180 per day of work. When painter got started, he said the price might rise to $4000 based on what he found. After about a week, he did not show up for 2 days and did not call. I called him and he said he had been in a car accident but would be able to finish the job. He did not show up the next day after promising that he would. Apologized and said he would come the next day. He did not show up. I have paid him a total of $1900 and all he has done is patched. I have check stubs but no agreement on paper. Small claims?...any other suggestions?
1 Answer from Attorneys
Re: Painting/Contracting
If you think you're getting jerked around small claims is the way to go. In Phila it's Phila Municipal Court- Civil Division, 34 S. 11th St. Go to the 5th Floor- Prothonotary Office & court personnel will help you draft the complaint. You can call 2156862910 to double check that I'm giving you the correct floor # & to obtain the filing & writ server's fees - I think you need cash. Bring copies of the checks with you & extra copies when you appear before the judge. Ask court staff to add into the complaint that defendant has "committed fraud by repeatedly assuring plaintiff that the contracted for services would be completed but defendant failed to complete the agreed upon work." If this is included, when you get to court ask the judge for a judgment for the return of your money and "an appropriate amount for punitive damages for the fraud committed by defendant." Also, make sure when the complaint is being prepared court staff provides a Notice of Defense to be served on defendant. It'll take too long to describe but court staff can tell you what this means. Good luck!!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
