Legal Question in Consumer Law in Virginia

Lawn compay broke my fence

Last week the lawn service company was mowing my lawn and ran their mower into my fence and busted it. I didn't see it happen because I wasn't home, but my neighbor did. They haven't billed me for any services they have already done. If they don't agree to fix my fence what can I do? Can I with hold paying until they fix my fence.


Asked on 5/19/08, 6:01 pm

3 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Lawn compay broke my fence

If the lawn service company fails to repair your damaged fence, you could sue them in small claims court for the cost of the repair. You could also try the riskier route of withholding the amount of the fence repair from your payment for the services which they provided and wait for them to sue you for the amount withheld, (but that approach could prove problematical for your credit rating).

(Nevertheless, if you did pursue the latter approach and the company sued, you would then present evidence to the court of the damages which your fence incurred at the hands of this company and request that the suit be dismissed as a "wash", so to speak.)

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Answered on 5/20/08, 1:06 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Lawn compay broke my fence

If the lawn service company fails to repair your damaged fence, you could sue them in small claims court for the cost of the repair. You could also try the riskier route of withholding the amount of the fence repair from your payment for the services which they provided and wait for them to sue you for the amount withheld, (but that approach could prove problematical for your credit rating).

(Nevertheless, if you did pursue the latter approach and the company sued, you would then present evidence to the court of the damages which your fence incurred at the hands of this company and request that the suit be dismissed as a "wash", so to speak.)

Read more
Answered on 5/20/08, 1:07 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Lawn compay broke my fence

If the lawn service company fails to repair your damaged fence, you could sue them in small claims court for the cost of the repair. You could also try the riskier route of withholding the amount of the fence repair from your payment for the services which they provided and wait for them to sue you for the amount withheld, (but that approach could prove problematical for your credit rating).

(Nevertheless, if you did pursue the latter approach and the company sued, you would then present evidence to the court of the damages which your fence incurred at the hands of this company and request that the suit be dismissed as a "wash", so to speak.)

Read more
Answered on 5/20/08, 1:07 am


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