Am I responsilbe for piggy bank?A few months ago I installed a whole house of flooring for carpet one in wilmington NC. the job was for a senile older woman. She had sheatrock, plumbers, painters, carpenters and misc other contractors in and out of her house. At some point a big red piggy bank went missing and I am being held responsible for it... |
Yes the piggy bank and your money are two separate things.
You were contracted to do work and she owes you the money period. You could sue for the amount (plus interest) and the judge won't care one whit about the piggy bank.
She would have to file a police report in order to even begin to try to sue you for the bank. First what would she be suing for. She has to know the fair market value of the exact bank itself. Her even ball parking how much was in it would be impossible. Basically she would get $50 or some ridiculously small sum.
Secondly if she did file a police report and accused you or your worker there would be zero proof as she had all of these workers in and out. So he quit.... what the bank was worth so much that he quit his job? Yes he would be a likely suspect but where is the proof.
Personally I would send her another copy of the contract. Attach a letter saying that the money is due and if she does not contact you within 7 days to make payment arrangements you wll unfortunately be forced to take legal action. You appreciate her business and you trust that this will be resolved within the stated time period. Send it certified mail.
This could save you the whole suing thing. Write down and document any contact that you have with her. If she won't pay then just sue her.
You can file a lien against her property stating that she is withholding the $800.00. You could cite that she has no proof nor has she made a statement to the police. You can not be punished for a crime that you didn't commit. If she wants to punish someone, she needs to contact the police. She can not take the law into her own hands. Technically the company isn't responsible, the homeowner is responsible for maintaining security of her belongings no matter who enters or leaves the premises. She can and should file a police report, then the police can properly investigate. In the meantime, the money she owes you should be paid to you. It's easier for a person to sue a business and be compensated then it is for a business to be compensated for a claim that has been successfully filed and judged.
She's the one in the wrong. If she really think that something was stolen, she must go to the police and file a report. Then, if she wants you to pay, she must go through a civil court to argue her case. She has NO authority to take matters into her own hands.
