A contractor we hired is suing us. He sent a number of threatening emails, and in the last he said "And just in case you can't read it I am suing you for $1,000 instead of $568! You had your chance!" Attached to the email was a copy of his notarized claim suing us for $1,000. About a week later we received notice from the clerk of court that we were indeed being sued... for $4,000!!! Enclosed with the notice was their copy of his claim. He CHANGED the 1 to a 4 AFTER he notarized the claim form. Is this legal?
2007-12-18 13:40:43 · 11 answers · asked by Jodie S 2 in Politics & Government ➔ Law & Ethics
Our company contracted his company to perform installation of windows and siding for one of our customers. His work was so poor (he duct taped the new windows to hold them in the walls!) the customer demanded he leave their property. He asked for payment for the work he had done, but he hasn't been paid yet because there are labor and materials costs to fixing the many screw ups he made, which I feel should be deducted to what he is paid. It is quite likely the costs are going to exceed what he feels he is owed, and in that case we will file a counter claim. Also, this is the fourth small claims case he has filed in as many months. He was constantly begging us for payment on this job. I think he's broke and trying to take advantage of us. I am relieved to know it is illegal to alter a notarized document. The judge is going to find that interesting I'm sure. We're due in court in an hour - gotta go!
2007-12-19 01:03:32 · update #1
For information about your legal rights, court rules and legal issues, there are several online resources and organizations that offer assistance.
For example, at CourtReference.com, you can find directories for courts and legal resources in every state, including information about organizations offering legal information and free legal assistance. Another organization that offers information and assistance for a variety of legal issues, including consumer issues and going to court is www.lawhelp.org.
At either of these sites, you can select your state and find information and resources specific to your local area.
It is impossible to give specific advice without knowing all of the particular facts and the laws that apply to your particular case, but something does sound wrong with the situation you describe.
I encourage you to find out more about your rights and your responsibilities, including whether you are under any deadlines to file a reply with the court.
2007-12-18 13:52:54 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I don't think it is legal to change a document after it has been notarized.
Keep every communication you have from him. Print the emails, especially the one with the $1000 claim attachment. Take all these to court with you and give a copy to your lawyer.
Good Luck
2007-12-18 14:10:58 · answer #2 · answered by Patty O 6 · 0⤊ 0⤋
Why exactly is he suing you shouldn't it be the other way around? And not it isn't legal if it was changed after being notarized the notary should have a copy of the original you should get it before you go to court and perhaps have them as a witness
2007-12-18 13:44:19 · answer #3 · answered by ja man 5 · 1⤊ 0⤋
I would consult an attorney, you may be able to attack the complaint and have counter-sue for costs or demand sanctions based on a violation of court rules.
2007-12-18 14:04:11 · answer #4 · answered by Damien T 3 · 0⤊ 0⤋
Depends what he is trying to collect on. A person can't just make up any ridiculous amount of money they want. They have to have reciepts and proof of every dollar they are asking for.
2007-12-18 13:46:21 · answer #5 · answered by ehrlich 6 · 0⤊ 0⤋
No...I don't think so. You're not allowed to change anything that's already been notarized.
2007-12-18 13:45:06 · answer #6 · answered by Helen Scott 7 · 0⤊ 0⤋
Hell no! It's known as fraud. Contact the notary, and turn him in to the district attorney.
2007-12-18 13:54:17 · answer #7 · answered by garybing 4 · 0⤊ 0⤋
yes, thats illegal! If he had something notorized then changed it he can get in major trouble. But you have to be able to prove that he changed it after it was notorized.
2007-12-18 13:49:39 · answer #8 · answered by cupnnas2002 3 · 0⤊ 0⤋
guess it's past time for you to retain an attorney in your area
2007-12-18 13:44:41 · answer #9 · answered by tom4bucs 7 · 0⤊ 0⤋
what DID you do or not do? where is the catalist for his fury?
when you go to court. take all the original paperwork he gave you......
2007-12-18 17:59:59 · answer #10 · answered by Anonymous · 0⤊ 0⤋