I Won...But Defendant is Appealing

I was in a dating relationship with this woman for about 9 months. During this time, aside from what I could call truly personal gifts to each other..... I also performed work on her home on several occassions.

She would ask my opinion and then often ask if I knew someone or could do the work..... When possible I worked with someone I knew and got the work done and paid for the materials and also paid my helper.

In these instances there was a clear understanding she would reimburse me when she got her Equiyt Line Of Credit.....

She then ended the relationship and took a new position on what she owed me..... meaning she owed me nothing... as she now says she never agreed to pay me and I did it for her for free as I just wanted to.

I explained this in Small Claims Court in RI... and the Judge Awared me the payment of $1765.00 I requested.... siting "Unfair Enrichment."

So now I received a notice she has Appealed to Superior Court... where there will be a New Trial... like the other one never happenned.

Questions:

I did not submit any receipts .. just my detailed invoice spekking out the details of the 10 different construction tasks....

My position was it would be her to challenge the quality of the work, the price of the work and then presnet evidence to challenge it.

Well the only things she claimed was that she dod things for me and I did things for her and since we were in a dating relationship she should not have to pay for any things done for her.....

The judge did not agree...

Now that I have to argue before a new judge,,,,, do you see anything that I should Tighten Up.... and be even better prepared..... ???? I cannot imagine what else she might try to bring up.... ut obviously she was not well prepared at the Small Claims Court Trial.... meaning she did not present any facts of law.... Just what she thought things should be..... But maybe now she has another angle...

Thoughts?

My thoughts?

I can't imagine how you won the first time around.

No written agreement, no receipts, no witnesses.

Your "invoice" is not evidence of anything.

I could send you an invoice for work I did at your house. Would you pay me? Of course you wouldn't.

Frankly, she doesn't have to prove that there wasn't an agreement, you have to prove that there was.

The judge in Superior Court is going to be a lot more savvy to that (and the rules of evidence) than the judge in small claims court.

I suggest that you provide the receipts for the materials and get your helper into court to testify as to the work the two of you did at her house and how much you paid him.

Thanks for your reply... Let me add that she fully acknowledges the work was done.... It was not one thing.... but different things over a 4 month period.... and she agreed to pay me when she got her line of credit.

One of the items for example was building a foundation for a shed she had purchased and the shed people were doing the assembly/installation on site.... they would have put it on blocks but given the large size it would be better on a firm foundation...which involved digging 8 holes and filling with cement and then building a foundation ( based on specifications she had from the shed people)..... So you see these are not small things... and she is  not denying I did them.....

What she is saying, a change in her agreement with me, is that she now believes that because we were in a dating relationship and as she says we did things for wach other.,... that these items of actual work also fall into this category.

There were several other items of a more personal nature that she also agreed to reimburse me for.... but I was partcularly careful not to include any personal things on my invoice... and stuck to the things that she would get full beneft of my work.... and being improvements to her realestate.

I also have pictures of much of the work both before and after...but again she is acknowledging the work has been done....

You see... she just wants to get away without paying....

I am thinking of your comment about me proving my claim for the work done....

Given she is acknowledging the work bring done.... and having pictures of the work.... it does not seem necessary for me toi have to prove the work was done.... in this instance.

As far as what I paid the helper...is thst really necessary since what I paid the helper is between me and the helper.... and I am just billing her for each 'job' that I did.

The amounts I charged are very reasonable and definitely under market... and I can qualify as an expert in that I have built one house ( meaning acted as my own General Contractor) and have done the same with others I renovated.... and in addition was a Comptroller on the corporate world and costed and estimated projects as a routine.

You see it is not just about the $1765.00... is is her trying to take advantage of the situation and that goes against my beliefs....

On the ther hand I am practical and do not want to spend an inordinate amount of time and effort and money and involve others like the helper.... if it is not truly necessary...

Lets say for example I paid the helper 100.00 and yet I chrged 150.00 for labor which included my tme ... I do not see where that should make a difference.

Also one of the jobs of building a closet was done 100% by me without a helper.... and the rates I charged were so so cheap.... You see it ix not about the unreasonableness of the costs or the quality of the work... but her change of heart and unwillingness to pay.. and trying to avoid paying.

Thanks again for your reply and please do not interpret my reply as not agreeing with you.... as what you said would be certainly great .... but want to do what is both right and also practical.

Charlie N:

Thanks again for your reply and please do not interpret my reply as not agreeing with you....

No problem. But it's not me you have to convince.

I don't doubt that the work was done.

But let me play devil's advocate for a moment and say I'm not convinced that there was an agreement for compensation. I think that while you were in a relationship and all lovey dovey you did things for her that cost you time and money but it wasn't till the relationship went south that you wanted the money.

And if you are having trouble convincing me that there was a payback agreement, imagine what it's going to take to convince the judge that you did it for compensation.

Charlie N:

The amounts I charged are very reasonable and definitely under market... and I can qualify as an expert in that I have built one house ( meaning acted as my own General Contractor) and have done the same with others I renovated.... and in addition was a Comptroller on the corporate world and costed and estimated projects as a routine.

I was in a relationship with a woman for 6 1/2 years and was always doing projects for her at her house. I, too, can qualify as an expert in that I have built several very large garage buildings, a room addition, and remodelled several of my homes and for many years was a property loss adjuster writing residential and commercial repair estimates.

So because of all that I should have presented my ex-girlfriend with a bill when the relationship ended? I can just imagine how that would have gone over.

I'm not saying that you can't convince a judge that she owes you the money based on what you've told me. You might get lucky. But right now I don't see any evidence of a compensation agreement.

Charlie N:

she agreed to pay me when she got her line of credit.

Any witnesses to that agreement?

Civil lawsuits require that you prove your case by a preponderance of the evidence. And since you did the suing you have to do the proving.

That means if you say there was an agreement to pay you for the work and she says the work was a gift, you are even. On the scales, the weight of her sayso is equal to the weight of your sayso. You'll need to put a little something more on your side to tip the scale in your favor. That's what preponderance of the evidence means.

As couples often do "jobs" for each other in a relationship, you need to prove you had a bonafide agreement with her:

Did you give her an actual PRICE for these jobs AT THE TIME they were done that she agreed to?  Or just come up with a figure and demand for payment AFTER the break-up?   Agreement to SPECIFCS are what make things a contract; not a vague "I'll pay you later" for a price not specified.

You'll say it was agreed upon, she'll say it wasn't...it's one person's word against the other.  But keep in mind that in real life, lovers rarely charge each other for labor they do for each other; it's a labor of love that often changes into something else after the breakup!

The judge will have to  make that decision based on both your testimony and his/her understanding of reality;  it's a rare bird who will charge his beloved for helping in the area of his profession....until the separation.

Not wanting to bring in your "helper" to testify only raises red flags as to what you may be hiding....maybe he was a friend who helped YOU out without pay for all we and the judge know.   Just "billing her for the job you did" sounds more like business relationship, which this was NOT.    If you want to win your case, you need to be able to prove it, not make arguments about how "it's your business" how much you pay the helper.  That doesn't help your case.

 Frankly, it would be more realistic if she agreed to pay for the materials only and your labor was a gift to a gf.  That's usually the way it's done, though lovers often cover the materials cost also if they're not humongous.

Laymans take:

I believe you are correct the issue is heard "de novo."

But the rules are much tighter and its up to you to bear full burden of proving there was an oral contract,a meeting of the minds at the time, that you were to be paid for your work, your supplies, your helper etc.

Since this is a NEW trial in all respects, if you failed to add in your time at your wage rate, if she agreed to pay for same, then do so when you file new case.

Its not critical that I agree to a specific wage or cost for a job--but the more details of agreement the better. If I hire a carpenter to build a deck about 12 x 16 out of Trex with rails and steps and he does so and he presents a bill of $4788 and lets agree that is not unreasonable then I'm on hook for $4788.

BTW as a craftsman on a job if the property owner stiffed a craftsman in my state the craftsman would be wise to go file a mechanics lien against property! Rules in your state may vary.

The odds are that the technical issues of playing ball at next level sort of mean you need counsel or kiss your odds good bye.

Put yourself in the judge's place...does this scenario sound correct?...

Bf says to gf. "Gee, honey, that shed you're paying to be built by others REALLY needs a firm foundation;  I'd be glad to do the work, providing, of course, that you PAY ME!"

Not only was it your idea that extra work be done, but you appear to be trolling for a paying job from your own gf!  Usually it doesn't work like that; generally a bf says, "Hey honey, this will be a shoddy job without a proer foundation; why don't I do it for you?"...not usually a mention of paying bf for his help.

If she were wise, she would keep business and pleasure separate and hire someone else to do the work...why hire bf at the going rate?  at HIS suggestion? 

Thanks for the great input.... I am understanding:

-that I need  to have good details relating to the prices

-that I need to successfully get the messsage across that there was an agreement to reimburse me.

- Also it was not like someone said... that the decision to bill her came after the breakup.

- I was quite clear and she understood and agreed.. that it is one thing if I buy something for you as a gift.... or I offer to pay for an outing or even a getaway.... but anything you would like me to do or get done.... I expect to be reimbursed for my out-of-pocket costs for sure.

- She had no problem with that... and I was comfortable with it... and it was not like typical business arangement... and was just handled informally but yet there was an understanding that she wanted to and would reimburse me...

- Unfortunately her tune changed and her recollection became very different and decided to take the position we were in a dating relationship and we both did things for wach other, so she says, and neither should expect to be reimbursed.

- A great theory on her part.... to change her agreement like that.... and she did not mention what those things were she did for me that in any way would offset those items she was to pay me for,,,,,

Anyway...it looks like I have to be ready for some good facts.... and hope I do it well enough so the judge sees it my way...

As to the First Small Clains Trial... the judge did see it my way and said it would be 'unfair enrichment' for her not to pay.

I plan to get a transcript of that trial ... and quote some of the judges questions and final judgment based on my presentation of the case.

Although the New Trial is not influenced by the first... I have been told that it is always appropriate to quote from the first trial... particularly if you were the 'winner;.

I also made inquiries and determined when the nest day the court will be hearing some New Appeal Trials from Small Clains Court.. which is next Firday... and I plan to sit in to see just how they are handled..  vs the way the orig trial was in Small CLaims...

..and then I can learn first hand just how these cases are handled...and hopefully get some insight how I must prepare.

Charlie

Most small claims courts don't take transcripts, at least in my state.

Do you really think the judge will believe that you, as a bf, said to your gf, "Gee, let ME do some work for you that you hadn't bargained for and it will cost you $1765.00?"   What kind of bf looks for paying jobs from his gf?  Not many! 

Just doesn't work that way in real life and most judges know that, especially since it was YOUR idea to incur more expense for her!  Sounds like sour grapes because she broke up with you.

Just tell your story and hope the judge thinks you were monetarily-minded/moti... (and quoted such) even with gf at the time.  But it isn't very likely as it just doesn't make sense; few lovers are that greedy to offer their services for a price!

You seem to have a rather strange way of looking at this,,, and yes you can say you are being the devils advocate..... but the goal here is to see it from diff angles and help me... as I asked....

If it looks oh so so so self serving as you say.... then do not lose sight that I yold my story in detail in front of a judge already...
and he listened intently, asked questions, reviewed documents and then made his judgment... in my favor.

It was not ME who chose to incur costs... she specifically asked me to do this work... and she actually paid for the materials on the first job... and was to pay me for the labor ( for my helper ) that we dod agree in advance... She acknowledged that later also... that she owed it....

So...get it straight... for whatever reason... that we did have an agreemement all along.... no doubt about it.... it is just she is having convenient memory lapse... what the hell if it will keep $1765 in her pocket.... hate to think of it that way.. but that is the reality...

I can see that another judge may look at it differently... but the Trial ( Is  a Fact Finding Process ) and decision is made based on the preponderance of the evidence...

As to the transcript.. I ordered it today..yes they have it.. cost $10,00 and it is a Voice File.... and even though there is going to be a new trial..... anyyhting I or she said under oath relating to this case... is admissible..... It does not mean the new judge will interpret it the same.... but if there are any inconsistencies in the first trial in and of itself...which there were... it will go against her credibility.... which is a valuable ingredient + or - in cases where there is no written contract.... Who is credible and who has as much info as possible to support their view of the facrs,,,, ( and yes the Judge will have to make some finding of facts... as best as possoble... and then make a ruling on those facts...

Charlie

No sense debating it anymore.

Let us know if you win or lose after going to court.

When you get to REAL court, the question will be, "Did they have a bonafide contract?"; there is nothing in your post that indicates any of the elements have been satisfied.  A vague reference  to "an understanding" is not a satisfaction of those required elements.  This is not personal, I DO have experience in legal matters and nowhere is there a clear indication of a contract in your post. 

So calm down and stop sending me nasty email; did you want objective feedback or not?

Despite your lengthy posts, it is still hard to believe that you intended to make money off your own gf, making suggestions for jobs you wanted her to pay you for!  It was all your idea.  Unless bf is exceedingly poor and scrounging for a job, he doesn't usually "sell" his services to gf.

What DOES happen often in real life is spurned lovers trying to get back "gifts" given, labor done, etc.  It's sad, but revenge is often the motive.  Makes people have to turn down "gifts" of labor or substance for fear the "giver" will change his mind if he gets dumped!  Unf... it happens all the time.  &nbsp... real life.  Good luck.

Has it occured to you that your small-claims court judge didn't buy your story about an agreement?  If he had, he would have found for you on the basis of enforcing an agreement/contract, which would have been the simplest conclusion.

However, he chose unjust enrichment because he didn't believe there was ever a contract/agreement between you two.  He didn't believe she ever agreed to pay you for your work.  He didn't believe there was ever a meeting of the minds regarding paying you for your work.  Hence, unjust enrichment was the only way he could, in good conscience, find for you...perhaps he was sympathetic to the guy who got dumped; maybe he had that experience also and emphasized with your position.

I think you can count on superior court coming to the same conclusion about a lack of an agreement; it's just common sense in these situations that bf's don't usually demand payment from their gf's while the relationship is satisfactory. 

 So it probably comes down to unjust enrichment OR a bonafide legal gift, which can't be taken back or paid for. 

Frankly, I'd take the high road and just chalk it up to a disappointing rel... rather than trying to make her pay for something she didn't agree to because of a need to get back at her....but of course it's your decision.  In the future, I wouldn't be so "helpful" with friends and prospective gf''s until and unless you realize the relationship is going to last more than a few months.  We can all identify with the  feeling of being used, but that still doesn't make it a contract.

Good luck.

Good point about the judge ruling on unjust enrichment instead of contract.

As for the nasty emails, you can edit your profile to preven emails and conversations.

I did that after getting a couple of moronic emails that I didn't bother reading.

Thanks, Jack.  I was pretty surprised to get an EMAIL from this guy, thinking he'd gotten hold of my private address.  I didn't know they were forwarded from the comments section.

I have nothing against the poster, but it does seem a case of an immature need to "get back" what he GAVE to a gf.  When dating, I noticed the same kind of guy; those who were overly eager and insistent  about doing  things for you. 

 I was wary of their pushiness so early in the relationship and turned them down, instinctively knowing they would be just as insistent if the relationship didn't work out..and it rarely did!

It pays to take relationships slowly, one step at a time.  Hope the poster realizes this now.