If someone comes over to your house (unsolicited) and mows your grass and then demands payment, are you obligaobligated to pay them? I am a contract builder and remodeling a house in Johnson County Texas, so I have had guys walk up and ask for jobs in which I hired them. A nosey neighbor kept stopping by to hang out, well one day I am on the roof and I see him down there mowing the grass, I didn't think anything of it. When I came down from the roof we had a glass of tea and went on our way. He didn't ask for money, or asked to be paid, or ask for a job, or ask if he could mow the yard. Now four months later he's getting a divorce or something and I think he is hard up for cash and the constable delived me a letter telling me he is suing me. It'll cost me more in attorney fees and court fees to take him to court. Any Lawyers out there got any advise? Or anyone...?
2006-08-30 04:41:15 · 18 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
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2006-08-30 18:50:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Well, anybody can sue anybody for any reason. So you can be sued.
But, since there was no prior agreement, a judge will likely use "the reasonable man's standard" in determining who is right. This is a rule where in absense of a written agreement, right or wrong is determined based on what would the reasonable man would do in the circumstances.
A problem is, there is no clear definition of what reasonable man is....
I am *guessing*
A reasonable man will not mow somebody else's yard without a permission and without a promise of pay. A reasonable man will not wait few months to demand payment.
but, I am also thinking,
A reasonable man will not allow someone to mow his yard for free. A reasonable man will stop person(s) from mowing his yard once he observes this in progress.
I am guessing he is likely to declear the suit is meritless and dismiss the charges.
By the way, I AM NOT A LAWYER.
2006-08-30 04:54:23 · answer #2 · answered by tkquestion 7 · 2⤊ 0⤋
You need to be contacting a lawyer, for your own sanity and protection. I do not believe that you are under any obligation to pay him; as he was never hired by you. You should probably work with the lawyer to come up with a statement containing every detail of what actually went on; as you have stated here; without the bit about him getting a divorce.... Have this notarized, so that it can be presented at court. If you had other people working with you who saw the man hanging around, and/or saw him actually mowing the lawn, get their notarized statements also. This guy is obviously out to make a lot of money out of nothing; and hung around long enough to see that you were a hard worker, and possibly have a work vehicle and tools and he figured that he could get a cut of this for himself. I have had a similar situation happen to me with a neighbor of mine, who was gradually mowing more and more of my lawn, as he does his own. I have already checked with the town, and I know where my property lines are; he is going back to some old rules for "eminent domain" where people would be allowed to "take over property if they became its care-taker. It was an interesting day when my former landlord had one set of surveyors show up in the morning, and I had another group show up in the afternoon. This was right when I was purchasing the property. What is even more comical is that my property (at least while I am on this earth) is actually a bit larger than was originally surveyed over twenty years ago, so now he has been told by the town that he needs to move a shed on his property back about ten feet as he is too close to the property line. He doesn't even know that I am involved, as he was told, by both groups of surveyors that it was due to the property sale and the new town reassessments. These people generally will hang themselves. This joker is hoping that you will just settle out of court so that he can get a payment and walk away. I would get into the principle of the thing mindset and not let that happen. If you let one joker take money away from you, you may become an easy target. You would not believe the frivolous court cases that our courts have to deal with in the USA, while the other real criminals are cooling their heels with three hots and a cot and cable tv, which the rest of us pay for.... You need to make an example of this joker; I know I would. Best of luck to you.
2006-08-30 05:09:08 · answer #3 · answered by Sue F 7 · 0⤊ 0⤋
You did not hire him nor did he ask for payment after he completed the job. BUT - you saw him do it and did not tell him to stop, therefore, he can argue you were in agreement with his mowing the yard.
However, it sounds like a small claims case, in which you don't need a lawyer. The story you tell is that even after he mowed, while you guys had tea, he never asked for payment nor for a job. He just said bye. Now, four months later, he wants to be paid out of the blue. NO, he clearly made no demand after the job for payment and you made no agreement to pay him for his services. For all you knew, he just wanted to clean up the yard next to his so his house would look better. There was no contract even if you saw him do it and did not stop him.
Don't settle with this guy, he seems like a real jerk who just wants to get money from you. But, be careful he does not retaliate by ruining your job site or coming up with some false claims against you regarding construction or anything else. Do keep records of all correspondence he has with you and write down anything he says verbally to you and the date, and anything anyone who says they are speaking for him says, and their names and the dates of the conversations. The more evidence you have the better off you will be.
2006-08-30 05:09:28 · answer #4 · answered by J T 3 · 0⤊ 0⤋
This is a problem? I wish I had that problem. You've got a kid who will mow your yard to be nice. If he knows you are not going to pay him you have no problem. Be thankful that someone cares enough about you do you a kindness. Offer him a cold beverage when he mows and be sure to thank him. There will come a time when he moves on to another job and then you can mow again.
2016-03-17 04:47:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You are under no obligation to pay someone you never hired.
But as you imply, he may lie, and as you say, lawyers' fees will kill you.
Offer the guy something derisory with the statement appended, oral or not (but preferably recorded) "this is not an admission of anything since I never hired you, but it is an offer to settle and make your case go away to save me paying legal fees".
That's really an incredible sotry. From what I know about Texas, you could have shot him as a trespasser, or called the police and they would have taken him forthwith to Huntsville for the needle.
But what do I know. My favorite town is Texarkana. The other side. Or Austin, full of liberals and commies.
2006-08-30 04:52:20 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Prepare an "answer" to the complaint, coupled with a "Motion to Dismiss", signed under oath before a notary public, pointing out in the "Motion..." the facts as you have stated in your query. (A "Motion" is just a legal pleading in which you are "moving" or requesting the Court to do something.) Also, at the same time, file a counter-claim pointing out the frivolity of the TRESPASSER'S suit askiing for "damages" equal to your lost wages ,AND also allege he is attempting to extort money from you by his fraudulent and frivolous lawsuit, as well as perpetrating a fraud on the Court and abusing the legal process. If a trial becomes necessary, take any witneesses you may have with regard to the lawn mowing incident.
2006-08-30 06:02:33 · answer #7 · answered by orfinlimer 1 · 0⤊ 0⤋
No, you are not. It's a freebie. Even if a previous homeowner has a contracted service and you buy the property and the service comes by, unless you have a contract with them, the service is gratis.
Do not *just ignore* the suit or you will lose by default judgement and have to pay the person. Either represent yourself or get an attorney.
2006-08-30 04:51:59 · answer #8 · answered by ceprn 6 · 1⤊ 0⤋
It's up to him to sue you for the money and it sounds like a small claims court case- so you don't need a lawyer. If he hired a lawyer to sue you for the price of a lawn mowing job, then he obviously is either stupid or has plenty of money to waste.
2006-08-30 04:49:48 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Maybe I'm missing something. But if you didn't hire him or ask him to cut your grass then I don't see how you can be expected to pay. I don't even see how you would need a lawyer. When the judge ask you if you had him cut your yard just say no. Wouldn't he have to pay the court cost if he is the one suing? All your doing is answering it. You aren't taking anybody to court.
2006-08-30 04:56:48 · answer #10 · answered by Anonymous · 1⤊ 0⤋