Actual stories of lawsuits for doing tractor work for hire.

[zmoz]

Really!?!? I am not arguing with you as this is where my paranoia was when I started this thread, but it makes me sad if our country has fallen to this level.

Yes, really. It's sad but true. You should be paranoid about lawsuits. Judges aren't stupid, and they don't like frivolous lawsuits, but, it's not illegal to file one, and it will waste your day, and some of your money, even if you win. Note the word "if".

I've never heard of a fee for the defendant in a SCC action unless you are filing a cross action. Just to appear and tell your side of why you are not responsible doesn't cost any fee in any jurisdiction I am familiar with. Yes you will be out the time to appear and to prepare. If you hire a lawyer that will cost you money.

If you want to appear in front of the judge in small claims court to claim you are not guilty of any and all charges, they are entirely made up, then you will need to pay the same court cost as the person who filed the lawsuit in any state where I've sued or been sued. (more than one) You have to pay up front even if you are guilty of nothing!

If, in the end you win the lawsuit or it gets dismissed, then, the other party will be required to pay your court fees. You get the job of collecting from them, if they bother to pay. Maybe they will, maybe they won't.

 

[OkieDave]

The other part you have to understand, is how extremely easy it is to file a lawsuit in small claims court in the United States. Small claims is usually for anything under $10,000, though laws vary in each state. No lawyers are required, or even allowed in small claims court. You can sue anybody for any reason, it cost about $100, and you just have to fill out a simple 2 page form.

Depends upon the state, and the amount of the claim. Here in Oklahoma, lawyers are allowed in Small Claims, and the filing fee is dependent upon the amount of the claim (my dad is a lawyer in Ohio, and I've seen this in action; here in Oklahoma, I can speak with rather more authority. OBA #32364.)

If you have been sued, you have to show up to court, or you automatically lose. You have to pay your own court fees of $50-100 to appear in court, even if you are completely innocent.

Your first statement is correct; your second is not. If you intended to say "lawyer's fees," I'll grant you that, though it is inconsistent with your claim that lawyers are not allowed in Small Claims court; if you wish to state that court fees are assessed against defendants, I'll admit that I'm not admitted to practice in Ohio, but I'd note that such is not the case in Oklahoma. You may prove your claim at your will.

The hardest part about small claims court if you get sued, is that they only need to prove their case to 51%. That means the judge only needs to believe the story of the winning side just 1% more than the other. It's not "beyond all reasonable doubt" like a criminal case.

Small claims court really is a lot like an episode of Judge Judy. Just way more boring and expensive.

Truth, mostly. I've had good experiences with the judges I've faced. 1% is sufficient...but it's the plaintiff's 1% to prove.

 

[two_bit_score]

Yes, really. It's sad but true. You should be paranoid about lawsuits. Judges aren't stupid, and they don't like frivolous lawsuits, but, it's not illegal to file one, and it will waste your day, and some of your money, even if you win. Note the word "if".


If you want to appear in front of the judge in small claims court to claim you are not guilty of any and all charges, they are entirely made up, then you will need to pay the same court cost as the person who filed the lawsuit in any state where I've sued or been sued. (more than one) You have to pay up front even if you are guilty of nothing!

If, in the end you win the lawsuit or it gets dismissed, then, the other party will be required to pay your court fees. You get the job of collecting from them, if they bother to pay. Maybe they will, maybe they won't.

Since you are so positive that the defendant must pay a fee to file his answer to a small claims court lawsuit why don't you locate a link to the fee schedule and post it here so people can see if you are telling the truth about that? If it's really so then you should be able to easily locate a link that verifies the fee.

Just locate the fee for the defendant in the NC small claims court. You don't have to go to all those other states where you have litigated so many small claims suits, just the NC fee schedule will be okay.



TBS

 

[OkieDave]

Here, let me help you: Oklahoma Court Fees Schedule. Just, please, identify the cost of defending a court action in Oklahoma--or, if you prefer, Ohio--and I'll admit to your knowledge.

 

[CobyRupert]

Be afraid! Be very afraid!! Stay inside and close the blinds! Be afraid of lawyers! Be afraid of Muslims! Be afraid of immigrants! Be afraid of voter fraud! Be afraid of large groups! Be afraid, Obama is coming to take your gun! Be afraid that if you do anything, you will get sued!!

....and by all means, if you still do tractor work for hire, don't disconnect the seat safety switch....it will void the warranty!! (and be a mark on your permanent record!!)

 

[topbuilder]

So what was the out come when those things were struck? Did you fix, pay, or stick to your guns and NOT fix them??? What did the customer do about the situation? And one last question, did you have a prior agreement signed?

I did not fix them. I assume the homeowner fixed them or had someone make repairs. No signature.

 

[kneedeep]

My Grandpa always would say, "You can sue a Ham Sammich if you got enough money to hire a lawyer!":confused3:

 

[topbuilder]

I did not fix them. I assume the homeowner fixed them or had someone make repairs. No signature.

I did have one job where I told the customer I would fix his water line if I hit it. Another stump grinder told them what I tell people, " I'm not responsible". The customers questioned him. (elderly couple, not able to make repairs) When pushed, he walked the job. I could see the meter, where it was coming from, where it was going to. The meter was almost 2' deep, I'm grinding 6" max. Low risk.
Before I could finish the job, 4 men were there asking for my card. I was on that street for the next week.

 

[MessickFarmEqu]

Even if you rent or loan your equipment out, you are on the hook for the actions of the operator. Just like your child, your responsible for what the machine does even if your not in the operators seat.

liability is unending.

 

[D2Cat]

Small Claim's Court may determine who is guilty of the charges, however many folks are "judgement proof". You can't get blood from a turnip! You can spend a lot of time to get nothing.

Another thought. You call for locates and you know you covered your Butt. You go and dig, then hit a utility. You know you're OK because you got things located.

In Kansas, you have to hand dig 24" on each side of the locate mark. You show teeth marks in the dirt....you're responsible. It is best to take pictures of the work area with the locate marks the focus of the picture to have evidence of where work was done. Take pictures when your finished also.

You can be doing a $300 job and dig up a couple of phone lines and cost $1200 to have another contractor come in and patch.

You can be an LLC, but you don't have insurance....you'll still lose your Butt. If you think that is wrong, just look at all the lawyers advertising on TV. They have boat payments to make! Anyone wanting a hand out just has to call them and they determine the strength of them getting a paycheck. LLC's are no exception to a suit.