Our Client, a well established Calgary cabinet maker was contracted to do custom build high end cabinetry for who he believed was a trustworthy acquaintance in the process of building a 1.5 million dollar custom home. Without even asking for a deposit our Client built and installed $68,000.00 worth of beautiful kitchen cabinets, island, wet bar, closets, bathrooms, laundry, etc. at a reduced cost of $53,000.00 for his “friend”.

It was about a year later that our Client realized they neglected (actually just forgot as they as so busy) to invoice the “friend” for the work that was completed. For a whole year the “friend”, family and children lived in the home never called to inquire why as to why no invoice was ever sent, never contacted client to offer pay “something”.

Our Client, now fed up of the nonsense hired U-SUE to initiate a claim in Small Claims Court. The “friend” and wife – now known as Defendants – cited deficiencies and poor workmanship as their defense for not paying the bill. In mediation, the defendants first offered a measly $1,000.00 then reluctantly increased their offer $8000.00! Since this matter was not able to be settled in Mediation and eventually at the Pretrial some 8 months later, it proceeded to Trial about a year later (the wheels of justice can grind very slowly) where U-SUE was victorious in securing a Judgment for the full amount of the claim plus costs for a total $43,000.00.

The Judge hearing the matter concluded that there was absolutely nothing wrong with the quality of the work done by our Client. Our Client – still the nice guy he was – and still is – despite the all of his time and energy that was spent on this was still willing to take a payment plan, and believe it or not, this kind gesture was refused by the Defendants!

The Defendants told us they planned to file an Appeal. Our Client, now realizing that continuing to being “nice” about it wasn’t going to work, allowed U-SUE to begin enforcing the Judgement and instructed us to do legally whatever it takes to recover his money.

U-SUE, without hesitation called the defendant’s bluff and sent in their best Bailiff – Allied Civil Enforcement with warrant instructions to seize and sell at auction sale their new Mercedes, Lexus and 5th wheel Holiday trailer and also start foreclosure proceedings at the same time of their home. This is what it took to finally get the Defendants to pay! No Appeal was filed (they had no grounds in any event – the Judge did not err in law.) and the Defendants ended up scrambling to remortgage their home to pay the entire $43,000.00 Judgment in full PLUS about $6,000.00 in additional bailiff costs.Sadly – they are no longer “friends”.

U-SUE Small Claims Court Agents specialize in small claims court actions. With more than 30 years of experience, we are experts when it comes to recovering money that is owed to you.

 

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