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Monday, 1 April 2019

HVAC Company Owner texted me that my system was unprofessionally installed and he’s worried for me. I got my bank to give me back half. Now he is suing me personally, not his company. I want to countersue. What can I do? [Ohio]

This could go on for forever but long story short, I hired ABC company in October to put in a new HVAC system. After 6 weeks they still didn’t finish it and still expected payment.

I refused to pay the remaining $750. Then I had my credit card give me back $4,000 that he charged me. He was left with $4,500. I got a quote from 2 HVAC companies that it was done super poorly and needs to be fully replaced. Oversized system, undersized ducts, no dampers, only 1 return, unsupported duct arms, only 1 supply for 1,000 square foot finished basement, etc.

He is now suing me for $5,250 under his own personal name in small claims court. Here’s a few things wrong:

  1. If he were to win, I would only owe $4,750 so he’s suing for too much.
  2. The plaintiff in this case is named as John Doe (Owners name) and not ABC Company. I don’t have a contract with John Doe, I have one with ABC Company.
  3. I want to file a counterclaim against ABC Company for the remainder of the money but they’re not the ones suing me.
  4. In Ohio, an officer of the company can represent that company without a lawyer but they can’t advocate like a typical person.

It seems like he’s making mistakes all over the place. Also he sent me the following text:

https://imgur.com/a/lZWmg4y

Who do I file the counterclaim against? Should I get a lawyer? I already spent hours making a timeline, summary of damages, pictures of everything, like him driving on my lawn and cutting electrical wires and leaving all of his trash, ducts falling down, quotes from other HVAC companies, etc. I feel like with that text message I have a slam dunk case but I don’t know the intricacies of all of this.

He’s been trying to intimidate me and my family for months and I’m ready to stand up for myself. I’m scared for their safety from a dangerous HVAC system.



Written By: DistanceMachine
Source: https://ift.tt/2I6VZrs

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