Seek revenge on cheapskate in small claims court

Hey there, time traveller!
This article was published 28/08/2020 (2200 days ago), so information in it may no longer be current.

Dear Miss Lonelyhearts:  I love your column and read it daily. I have some suggestions for Twisting in The Wind, the guy who wants revenge. (“Twisting” estimated a big job, and did it on trust for a man he knew. This guy handed him a cheque for 25 per cent of the bill, saying, “Take it or leave it!”)

He should do some research into starting an action in small claims court. The max he can seek (effective July 1, 2020) is $15,000, and he does not need to be represented by a lawyer.

Also, if the work done for the deceitful customer was related to that customer’s business, he should also think about leaving reviews with the Better Business Bureau of Canada and on social media platforms so other people are aware of what they are getting into with this guy. — K.E., Manitoba

Dear K.E.: Thanks, this is infinitely preferable to getting revenge, and then getting punished by the courts yourself.

Dear Miss Lonelyhearts: Your advice to “Twisting in The Wind” to not get himself in trouble with a revenge act and to get the next deal in writing is spot on.

I’d suggest taking the louse to small claims court and bringing witnesses if possible.

It’s a nominal fee and you can tell your story to court officers. They have a free legal help centre, and they can be contacted at 204-258-3096.

I so wish the world would become honest and decent. I grew up with handshake deals where personal pride was key and you would be fully shamed if you cheated someone. — Sick of the Dishonesty, Manitoba

Dear Sick of the Dishonesty: My dad was a lawyer in southern Manitoba for decades with a far-reaching practice.

Handshakes for work and money deals could not be counted on, even in those days, except between the closest of friends and relatives.

Even then, when it came time to pay the full amount, it often would have been better to have it all in writing, with witnesses.

Dear Miss Lonelyhearts: In small claims court, self-representation is allowed, and judges are not stupid. Verbal contracts are enforceable. Preparation is key. Anything in writing helps: invoices for materials, expenses. I would sue, even if the cheque said “payment in full.”

Also keep track of costs of lawsuits and have service of the suit done by a bailiff. Researching the value of the work done at fair market pricing, would also help. — K.C. Winnipeg

Dear K.C.: It’s obvious you must work in the legal system somewhere. Your tips are much appreciated!

Please send your questions and comments to lovecoach@hotmail.com or Miss Lonelyhearts c/o the Winnipeg Free Press, 1355 Mountain Ave., Winnipeg, MB, R2X 3B6.

Miss Lonelyhearts
Advice Columnist

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