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    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #21

    Dec 16, 2012, 01:13 PM
    What EXACTLY does the summons say?

    If the suit is for return of the $450, then you show the judge your itemized bill showing the cost for the work completed. You may need to prove that your costing is reasonable and customary for the work performed in your area. That is all you need to win.

    And in that case, mentioning the unsigned contract is immaterial. You don't want to bring extraneous matters in. If he is suing for return of what he paid you only have to prove you earned what he paid.
    Superfedz's Avatar
    Superfedz Posts: 41, Reputation: 1
    Junior Member
     
    #22

    Dec 16, 2012, 01:48 PM
    Here it is:
    Attached Images
     
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #23

    Dec 16, 2012, 02:01 PM
    Ok, then you are in good shape. You show the judge the written contract and show the judge that you completed all the work that you billed for. Then explain to the judge that you did not complete the job because they were asking for work not mentioned in the contract.

    You show that you offered to complete the job on the original terms.
    Superfedz's Avatar
    Superfedz Posts: 41, Reputation: 1
    Junior Member
     
    #24

    Dec 16, 2012, 05:25 PM
    Quote Originally Posted by ScottGem View Post
    Ok, then you are in good shape. You show the judge the written contract and show the judge that you completed all the work that you billed for. Then explain to the judge that you did not complete the job because they were asking for work not mentioned in the contract.

    You show that you offered to complete the job on the original terms.
    How do I show the judge what has been completed? I don't have photos.

    The original price was via email which did not outline a payment schedule.

    I also stepped out of the contract and asked for more money. That was only due to him not wanting to sign my contract.

    This was my email to him:

    Email: This is what I need before resuming work:

    1. Please sign the contract (contract is attached with my signature)
    2. Please pay for all work that has been performed in the sum of: $450.00 on by the morning of 12-04-12
    3. A change order will be drawn up and signed before I commence work under the kitchen cabinets.


    He paid the $450 plus the $500 deposit

    The contract stated to pay $500 to start then $770 upon completion.
    Total price was $1,270

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