Lawsuit: Adjourned Mercuryellow v. Pandaz8 [2021] DCR 65

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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT

CIVIL ACTION



Mercuryellow

Plaintiff


v.


Pandaz8

Defendant


COMPLAINT

The Plaintiff complains against the Defendant as follows:

The defendant refuses to pay the plaintiff for his services

WRITTEN STATEMENT FROM THE PLAINTIFF

Pandaz hired our services to build the interior of their shop, and we settled on a price of $1000 for the build, $50 for materials. Due to the policy of my business, Half of the fees and all of the materials costs are to be paid upfront, and the other half of the build fees afterwards, making this $550 to be paid then and $500 later. Before deciding this, a staff member already begun work without telling me, so i wasnt able to get a contract sorted like i normally would have. Which did throw me off, however they did still agree (seen in the screenshot) to pay the $550 before work continued.


It was said on the 16th of october that they would be online later that day to pay me the $550, however i did not receive the money, pinged them multiple times over a weeks period before warning of legal action, after still recieving no response, this is the legal action




I. PARTIES

  1. Mercuryellow
2. Pandaz8


II. FACTS

1. The defendant refuses to pay for services

2. The plaintiff has given several warnings

3. Agreed to pay for the services


III. CLAIMS FOR RELIEF

1. The defendant agreed to pay.

2. The defendant has broken a agreement between both parties


IV. PRAYER FOR RELIEF

The Plaintiff seeks the following from the Defendant:

1. 1250 in legal and service fees






By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.


DATED: This 28th day of October 2021
 
Proof of representation
 

Attachments

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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The defendant is required to appear before the court in the case of the Mercuryellow v. Pandaz8. Failure to appear within 48 hours of this summons will result in a default judgment in favor of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​
 
Your Honor, I will be representing the defendant, and would like an extension of 48 hours to familiarize myself
 
Mask3D_WOLF said:
Your Honor, I will be representing the defendant, and would like an extension of 48 hours to familiarize myself
Click to expand...
You will only be representing the defendant if he or another lawyer of his choice fail to appear before the court within 48 hours from when the defendant was summoned. Please use this time to familiarize yourself with this case, and if you still need an additional 24 hours after you are officially representing the defendant, then I will grant it for you.
 
Your honor,

It has been 48 hours and the defendant has not appeared. The attorney has no proof that the defendant agreed to represented.
 
Your Honor,

As Chairman of the Redmont Bar Association, I hereby appoint Mask3D_WOLF as the Public Defender in this case as Requested by the Presiding Magistrate.

​

 
Mask3D_WOLF is the public defender for Pandaz8.
Do you still need 24 hour hours, or are you ready @Mask3D_WOLF
 
This court case will resume in 24 hours.
 
Sorry for the delay. We will begin with opening statements. The plaintiff has 48 hours to present their opening statement.
 
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT

OPENING STATEMENT

1. The defendant had agreed verbally to paying for construction.


2. The defendant has failed to pay after several warnings and fails to appear before the court.

3. Construction has commenced meaning the defendant has a building that was not paid for.

4. The defendant has most definitely violated the terms of their verbal agreement.

REQUEST FOR WRIT OF MANDAMUS

As the building built was not paid for. I am requesting the DCT orders the defendant to remove the building from the plot
 
I will not be accepting your request for writ of mandamus because the DCT is not capable of ordering the Defendant to do anything. The court is what decides the Defendant's punishment or lack there of depending on what evidence you present and what the court's verdict is.
The Defendant has 48 hours from now to present their opening statement.
 
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT

OPENING STATEMENT

In this case, we have received no evidence from the plaintiff of any agreement, verbal or otherwise. We do not know even if there was a conversation between the defendant, Pandaz8, and Mercuryellow. In this opening statement, I will be countering the plaintiff's four points.
1. As mentioned above, we have no proof of an agreement verbal or otherwise
I will be answering #2 in 2 separate points. "The defendant has failed to pay after several warnings" (2A) and "fails to appear before the court." (2B)
2A. Same as #1, we don't have proof of an agreement that says Pandaz8 had to pay Mercuryellow anything
2B. This is irrelevant as I am representing them as a public defender
3. It is the fault of the company if they built the structure before getting the money for it, unless it was specifically stated in the agreement which we have no proof for.
4. See point #1
 
Your honor,
May I submit the evidence I had done it. It didn't attach to the post
 
Yes you may. Thank you for asking.
 
Here
 

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We will now be moving on to witnesses. Would either party like to call a witness? Each party has 48 hours to tell me whether or not they would like to call a witness.
 
Your Honor, I would like to call a witness (Mercyellow).
 
Your honor,
I have no witnesses to call
 
District Court.png


IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@Mercuryellow is hereby summoned to the District Court of the Commonwealth of Redmont in Case No. 10-2021-28 as witnesses. They have 48 hours to appear. Please familiarize yourself with the case as it stands at present. You will receive questions from the Defendant, and you may also be cross-examined by the Plaintiff's council.

I am hereby informing the witness to ensure they are aware of the provisions of the law of perjury and its severity. Giving knowingly false testimony is highly illegal. Witnesses are required to tell the truth in their testimonies, pursuant of the Perjury Act.​
 
The defendant has 48 hours from now to list their questions.
 
Questions for Mercuryellow

1. Is it the policy of your business to build the structure first and then ask for payment?

2. Was the structure built before payment authorized?

3. In your business, if someone is inactive, do you still make them pay for a structure built?
 
Mask3D_WOLF said:
Questions for Mercuryellow

1. Is it the policy of your business to build the structure first and then ask for payment?

2. Was the structure built before payment authorized?

3. In your business, if someone is inactive, do you still make them pay for a structure built?
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1. No, as i stated in my original written statement, a staff member of mine began construction without me knowing about it, normally i would have a contract but due to this fact, i was unable to.

2. Partially, i don't believe it was completed, it was just an interior that we were hired to do, the exterior came with the plot. However i didn't know it had even been started in DC until the day i asked for the payment and the payment was agreed in the screenshot. I thought it had been started in our creative world, which is what we would normally do.

3. I've never had anybody go inactive before, but i had no warning they would go inactive, they gave no indication of being unable to pay us. In the contract that i would've had them sign, it states that if we do not get paid for the build, legal action will ensue. Pandaz still, to this day, has not contacted me in any way.

Hope that answers your questions
 
The Plaintiff’s council now has 48 hours to list any questions for the witness.
 
1. Did the defendant pat the fees that were required before building?
 
lawanoesepr said:
1. Did the defendant pat the fees that were required before building?
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No, i received $0 from the defendant, the $550 was to be paid before we continued, i asked the staff member to stop until the defendant paid us after finding out they had started construction
 
We will now move onto closing statements. Each party will have 48 hours to present their closing statement starting with the plaintiff who was 48 hours from to to present their closing statement.
 
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT

CLOSING STATEMENT

1. The defendant has failed to pay any of the agreed fee's with a witness stating "No, i received $0 from the defendant, the $550 was to be paid before we continued, i asked the staff member to stop until the defendant paid us after finding out they had started construction"

2. The defendant has clearly breached their agreement As no funds were received.

Your honor,
With that the plaintiff rests
 
Thank you to the Plaintiff's council. The defense now has 48 hours to present their closing statement.
 
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT

CLOSING STATEMENT

1. It was obvious that the defendant went inactive, and it is obvious that inactive people cannot pay people. This is basic knowledge.

2. Because of the above, the plaintiff cannot request the first $500 for the build as, in this case, the inactivity can be viewed as pulling out of the agreement. The $50 follows the above logic. Additionally, the plaintiff cannot sue for the list $50 in materials because assuming that the staff member finished the build (which I highly doubt) that is the company's fault, not the defendant's. And, of course, the later payment of $500 cannot be used for the same reason as the first $500.

Thank you, Your Honor
 

Verdict


When the Plaintiff gave his testimony, he said "Normally I would have a contract but due to this fact, I was unable to." This court believes that whether or not there was a contract is not the fault of the defendant, and the defendant shouldn't be required to pay any money that wasn't agreed to be paid in a contract. However in this case, I do see a small contract between the Plaintiff and the Defendant. The contract states that the Defendant should pay $550 before the building starts.

Because the contract states that that the $550 should precede the building, the building shouldn't have been started until the Defendant paid the money. A worker at the Plaintiffs company allegedly starting building before the money was paid. This was the choice of the worker, and not the choice of the Defendant. Furthermore, in this court case, the Plaintiff failed to prove that the Plaintiff's company even worked on the building.

Due to the lack of proof that the building was even worked on, and the fact that the building shouldn't have been started until after the Defendant paid the money, this court finds that the defendant doesn't owe any money to the Plaintiff, as he isn't responsible for any alleged building that the Plaintiff's company chose to complete before the Defendant paid because the contract states that the Defendant should pay first.

 
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