chobit

I think you should fight, it a chance to learn and experience the legal system.  It may cost you some times and a few bucks, but it's worthy

cunningchu

We refuse to release the hold back $ because the door he fixed cannot be closed completely while there is a big crack on the "inside" surface of the door.  

Since he assigned lawyer to handle when he sold the property to us. The hold back money is part of the deal, is it the responsibilty for the lawyer to follow-up, like filing to small claim on behalf of his client even the deal had been completed almost 2 yrs? Thanks.

FiChai

We are not sure if the lawyer who is handling this case was the same one being hired for the previous transaction. He/she might know nothing about the precious deal. For what the previous owner hired him/her this time is to chase the $500 after you, of course no lawyer will refuse doing such a job, even they know no details.
But you have the original offer on hand, have the previous owner's signed, means you know you are not at fault to have the money being held back. However, the progress might not be in the most appropriate procedure, cuz the previous owner should have a choice to either re-fix/replace the door for you or agree that you could hold back the $500. But the original offer is a binding contract so you didn't owe the previous owner that $500 at all.

Look4chrisng

I would file a claim for $501 (plus filing fees) for the time and effort spend on cleaning the garbage.  Just to piss him off.

Seriously,  I think he just to see if he can get $500 from you easily.  Fees will eat up that $500 for 0.75hr.

Look4chrisng

I think even if you have to go to court.  It is a good learning experience provide that you are not going to hire a lawyer.

cunningchu

填份claim form, 先發現要俾$26 as filing fess and an additional $100 for counterclaim.

對方索償係$500 +$130, 我唔願意俾$130, 咁$130係咪當作counterclaim?! 如果係, 我咪要填$260 (連埋我要俾的$26+$100)  

即係話未見官先打30大板 @.@         

如果打輸左, 咁咪$500+$130X2 = $760 (仲唔知對方會唔會又counter, 又再有額外的filing fees, 我地又repy, 咁條數咪越
滾越大!)

唔怪得佢咁玩野...睇下我會唔會怕煩...俾錢算數.  老實講, 我真係覺得煩...開始明點解老公話俾錢就算

如果notary 唔係唔俾我地知對方律師一路追收錢或者同我地商量會唔會俾, 可能唔駛入small claim.  煩...煩....煩

daimo

No, if you loose, you pay $500.

The $130 is the filing fees and it won't be awarded to him.  I'm pretty sure.

You have to calculate how much it costed you to clean up the junk and how much you paid to fix the door.

cunningchu

回復 daimo
I'm a little bit confusing.   he is asking us to pay $500 + $100 (filing) + $30 (service) = $630.  if we lose, shouldn't we have to pay the money according to his total claimed amount?

The property was rennovated once we own it and we asked the rennovation guy to fix the door for us.  For cleaning up the junk it was around $100 but we havn't receipt & will not counterclaim.  I have no idea whether we should considered $130, he requested, as a counterclaim.

Do you know if i could seek advise to fill the form at the small claim's office in Richmond? since, we received the form on Aug 18 but small claim stamp was Aug 11, so, we have to send the form back by Thursday.  time is critical.

daimo

it's not up to him to determine what he gets.  $500+document fees is what he HOPES.  he hopes that you will just give him the $ without going to court.

It's the small claim  arbitrator who determines if he gets even $500 or not.

Counter sue or not doesn't quite matter, (if i were you I won't, for tactical reasons).  it's really about if you want to spend $30+ 2 hours and see if you can save $500.  It's well worth the exercise and risk.

daimo

you can try to call S.U.C.C.E.S.S. and they work with UBC law school.  but it won't meet your schedule.

it's not difficult to do, just google for tips.