Sunday, September 09, 2007

small claims court

Okay, ladies and germs, mama needs some advice. Our lawn guys killed the tree, an 8 foot tall, 2 year old oak, that Drew planted in honor of our angel baby. The owner's denying they did it, although there are two giant bites out of either side of the tree and a bunch of little nicks that are just the right height to have been done by a weedwhacker. He's saying it was the drought, although Drew has watered the trees several times during the drought. Also, it's an oak tree. Oak trees last through everything.

He also killed some crepe myrtles, but I'm forgiving those because a) they were free and b) they were saplings and c) I have no proof.

I got an estimate for a new oak tree, retail - $130. I told him he could either take that amount off of our outstanding balance (July and August's cuttings come to a bit more than that) or he could buy me a new oak tree. I think both are pretty fair. He said he could get an oak tree for $30 or $40 dollars, and I'm cool with that. As long as I get a new oak tree.

Dude said he'd take $75 off of my balance. I think not. Why would he say that if he can get a new one for $30 or $40?

So is it worth it to go to small claims court over what amounts to $55? It's not like I'm doing anything else, and he'd have to pay court costs, so it wouldn't cost me any money. I'm fairly ticked because the guy basically accused me of scamming him. I'll be filing complaints with the state licensing board and the BBB... oh, and he can forget about all that word of mouth business that's so precious to small business owners.

Man, I've always wanted to go on Judge Judy.

4 comments:

Supermom said...

If you truly believe you are right, fight.

That's what I believe.

Probably not a of help.

Kiki said...

I love your blog, do what you know is right, especially regarding such an emotional attachment. They should be offering to do the right thing, or make it right for you, I am in retail and I always do what is best for the customer!!! We rely on them for our business, so hit them where it counts...no good references!

Sharon said...

Good Luck either way you go. We started a file for small claims court once, against a terrible landlord. We learned it would've cost more to file and proceed, than the am ount of which we'd be taking her to court for, anyway! It was very frustrating and disappointing. (then again, that WAS Michigan) I hope your state offers better!

JesusThroughMary said...

I think loser pays the fees in small claims court. Even if not, it might cost $25 and a day of (possible) entertainment to go down there. Plus, if he doesn't show, you win. If he can get a tree for $30, he would have done it by now. He'll probably just pay Paco, his illegal worker, the $30 to steal one from somebody else's yard, anyway. I would go for it.

Plus, he's probably gay, and, dude, you KNOW the problems I've been having with gay lawn guys who hire illegals. Tom Tancredo style.