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small claims wording help



"Descentman"
10/6/2007 9:41:43 AM


Hi, I need a little advice.
I'll try to be brief...
Over a year ago my business van was hit by a construction vehicle while on a
jobsite. (I'm a Sole Prop.)
I failed to get the info on the general contractor's operator due to my own
stupidity and the rotten advice of the subcontractor that I was
employed by at the time, who, by the way was a witness to the incident.
"Oh... the G.C. is a good guy, he'll take care of it..." was what I was
told.
The general contractor has been avoiding the sub and myself, not returning
phone calls, faxes, etc. for over a year now.
I did not want to create friction between these two companies (for personal
reasons), so I let the Subcontractor (apparently mis)handle this, with no
satisfaction.
(see what happens to nice guys ! I should have been a complete prick right
from the beginning!)
I finally said to heck with friction, I want my money, and sent him a bill
in the amount of the estimate for body work approximately 2 weeks ago,
giving him 10 business days to pay or "legal action will be taken" This is
a miniscule amount we're talking here, $835.00 or so, but still the GC
should pay this because his operator hit my truck.
(sorry to be long winded)
My question is: How should I word the civil complaint?
I usually put: "Non Payment For Services Rendered" when a customer of mine
doesn't pay, but what in the heck do I put for this?
"Failure to pay damages to vehicle" ?
or better yet just plain "Quackism" <<< That'll get the judge
thinking.
But, seriously, any thoughts would be greatly appreciated.
This guy will obviously never pay this until he is forced to by the law.
Also there is the possibility that I will lose in court in which case I will
have wasted not only my time, sanity and money for the damages, but the
filing fees as well.
Thanks again in advance for any help.
D
 
 
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