Question about California consumer protection?
A plumber says I owe him money. I say I don't. Aside from taking me to small claims court, what action can he take? If he refers this to a collections agency, will that show up on my credit history? Someone in another state said yes, adding that I would have to go to court to show that I was in the right. I don't know if this is true in California. If so, it would be more hassle than it's worth (about $250 in dispute) -- and besides, what if I lost in court? I'd be out $250, time in court and have a damaged credit rating. Seems to me that, just 'cause someone says you owe them money, it doesn't make it so. But laws can be pretty goofy, too. Someone's advised me to ignore the billing statements, and possible collectors' calls. But I don't want my credit history ruined.
Public Comments
- It basically comes down to this. If he did work for you and you did not pay him you owe him for it. He should have a signed estimate from you that says you approved the work. If it was verbal it will come down to your word against his. If this plumbing job was inside it will be a lot harder to say you did not approve it as someone would have to have let him in. Now if you are disputing the quality of the work that is something different and you would have to make your case in court as to why you don't owe him. Ask him for the paperwork of what he did and who approved it. If he can't provide that then let him take you to court and counter-sue him for lost time from work. If he truly has no proof you will prevail and could possibly get your counter-claim. He could send it to a collection agency and depending on how big of a company he is he may or may not. If it goes to a collection agency it could be put on your credit report. However, if he takes you to court and you prevail you can have that item removed. If you loose it will probably be on there for 7 years. If you think he has any case, you might want to offer to pay a portion of the bill, such as if it includes parts as well as labor offer to pay for the parts. This way he at least gets the money he had to pay out for the parts and may be willing to settle.
- He can place a mechanics lien on your home. This could cause problems if you were to refiancne or sell.
* Some answers may have been provided by Yahoo! Answers.