Local woman wins round 3 in legal battle with plumbing company
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The State Court of Appeals just handed a victory to an local woman who's been battling a local plumbing company for more than 4 years.
The decision represents the third time Viola Scoby has had to defend her position that Benjamin Franklin Plumbing - which also did business as Plumb Serve- violated consumer protection laws by charging Scoby for work that was never done.
For the third time, the court says Scoby should be paid thousands of dollars. But after all they've been through, Scoby's family says they're not holding their breath.
"It's just- the time and energy has just been tremendous on the family," explained Wanda Kristjanson, one of Scoby's adult daughters.
Scoby, now 86-years old and with extreme dementia, has persevered through 4 years of courtrooms and attorneys in her dispute over a nearly 7 thousand dollar bill she got in 2008.
Kristjanson intervened when the family learned much of the sewer line work her mother was charged for was never done. Kristjanson says she stopped payment on Viola's behalf and disputed the charge- never expecting the battle that ensued.
The company put a lien on Scoby's property. The case went to arbitration and the arbitrator ruled in Scoby's favor. So the company sued Viola in Superior Court. Again, the court ruled in Scoby's favor- concluding in May of 2010 that Plumb Serve, by then doing business as Out Today Service, violated consumer protection laws.
Scoby was awarded more than $25,000 for attorney fees and costs. Then, company appeal that decision, taking the case to the State Court of Appeals, with oral arguments held last March.
In deciding round three this month, the Court of Appeals also ruled in favor of Scoby. But her family says after all this time, the latest victory - feels like a loss.
"Who would have ever thought something could be carried this long and this far over such a small amount of money?" said Kristjanson, adding that all the money being spent in legal battles should be going to her mother's care.
Since going to court last Spring, Viola has fallen and broken her wrist and hip. And her daughter says Scoby's dementia is much worse, she can no longer walk and is now living an adult family home.
The plumbing company has until later this month to appeal the latest decision and take this to the state Supreme Court. But even if the case doesn't get that far, Scoby's attorney will still have to go back to court to try to recoup the $25,000 awarded Scoby in 2010- plus the additional costs Scoby has incurred fighting the appeal over the last two years.
The decision represents the third time Viola Scoby has had to defend her position that Benjamin Franklin Plumbing - which also did business as Plumb Serve- violated consumer protection laws by charging Scoby for work that was never done.
For the third time, the court says Scoby should be paid thousands of dollars. But after all they've been through, Scoby's family says they're not holding their breath.
"It's just- the time and energy has just been tremendous on the family," explained Wanda Kristjanson, one of Scoby's adult daughters.
Scoby, now 86-years old and with extreme dementia, has persevered through 4 years of courtrooms and attorneys in her dispute over a nearly 7 thousand dollar bill she got in 2008.
Kristjanson intervened when the family learned much of the sewer line work her mother was charged for was never done. Kristjanson says she stopped payment on Viola's behalf and disputed the charge- never expecting the battle that ensued.
The company put a lien on Scoby's property. The case went to arbitration and the arbitrator ruled in Scoby's favor. So the company sued Viola in Superior Court. Again, the court ruled in Scoby's favor- concluding in May of 2010 that Plumb Serve, by then doing business as Out Today Service, violated consumer protection laws.
Scoby was awarded more than $25,000 for attorney fees and costs. Then, company appeal that decision, taking the case to the State Court of Appeals, with oral arguments held last March.
In deciding round three this month, the Court of Appeals also ruled in favor of Scoby. But her family says after all this time, the latest victory - feels like a loss.
"Who would have ever thought something could be carried this long and this far over such a small amount of money?" said Kristjanson, adding that all the money being spent in legal battles should be going to her mother's care.
Since going to court last Spring, Viola has fallen and broken her wrist and hip. And her daughter says Scoby's dementia is much worse, she can no longer walk and is now living an adult family home.
The plumbing company has until later this month to appeal the latest decision and take this to the state Supreme Court. But even if the case doesn't get that far, Scoby's attorney will still have to go back to court to try to recoup the $25,000 awarded Scoby in 2010- plus the additional costs Scoby has incurred fighting the appeal over the last two years.
She should place a leon on their property and then foreclose on the lien.
@DeadRabitz Actually, companies that are legally licensed with the WA State Dept. of Licensing should have a bond. She should be able to put a lien on their bond and they can't get re-licensed until the bond is satisfieid. Means they can't legally do business.I just threatened to do that to a plumbing company and hey couldn't fix the problem fast enough.
 @Mizattitude  @DeadRabitz Many companies do not have to have a bond to be licensed.  I would doubt that this pumping company has ever had one.  However I be they have physical assets and those can have liens placed on them.
I think this has reached the point where additional penalties need be added which will require the liquidation of the company, the owner, and all his personal assets.  It is seldom that these cases are not just dropped and paid by the victims. This case needs to be turned into an example and used as a base for each and every other case like this until these predatory practices are stopped.Â
Also, watch out for State Plumbing, LLC and Huber Plumbing (Federal Way and Auburn).  Craptastic workmanship delivered with an attitude.
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I hope this woman gets some much needed peace. Man, that company is something else...fighting her all these years over that stupidly small amount. I'll be sure to file that company's name in my memory as one to avoid. Incidentally, companies change names all the time to avert things like an F rating on BBB. They simply re-register with a new state UBI number and are given a clean slate. If you want to check someone out, it's better to look them up by the company owner's name. You can do this at the WA labor and industries website link:  https://fortress.wa.gov/lni/bbip/Search.aspx  Contractors and plumbers can be looked up for violations, prior lawsuits, etc.
 @skepticaloptimistÂ
I've been using Huber's Plumbing for over 30 years with extremely satisfactory results. They plumbed my new kitchen and later a utility room and many smaller jobs over the years. Sadly, Vern Sr. died a few years ago, but I've had equally satisfying results with Vern Jr.  When I was short of funds a couple of times, I was able to make financial arrangements to take care of the bill. I'm sorry to hear you had a negative experience with this company.
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As for Mrs. Scoby, - hopefully this issue will be settled soon and she and her family will be compensated fairly.
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OMG - Out Today Plumbing is the worst company ever. Every once in a while, my thermostat wouldn't work when I wanted to turn up my heat. I called Out Today Plumbing and the technician who came was rude and condescending. He gave me 3 estimates from $8,000 down to $1500 'to correct a dangerous situation'. I told him I had to think about this which made him mad. He packed up his tools in a huff and turned off my furnace because "it was dangerous". It was the middle of winter so I needed my furnace. His parting shot to me was "hope you have a fire extinguisher because you will need it." I called a reputable company (Olsens in Ballard) and they found nothing wrong with my furnace or thermostat. They explained the reason I sometimes couldn't kick up the heat via the thermostat was due to a safety feature on the furnace to prevent a part of the furnace from overheating. Out Today Plumbing was trying to rip me off.  Â
Maybe we need to organize phone call's to the company to voice our displeaure, if you overload their phone's they can't receive business calls, just saying.............
Rather than list the name(s) of the company(s), why don't we have a list of the PEOPLE from the company involved. It doesn't change names unless someone is trying to hide, and I'd like to know who is behind all this.
Fantastic now we know this plumbing company sucks and ALL SHOULD BAN THEN BOYCOTT AND IGNORE THEM.Â
They just stalling hoping she will pass away before they have to pay. They should call 1 800 Clemenza.
Let's make sure that Benjamin Franklin Plumbing - which also did business as Plumb Serve has its name plastered all over the internet...also whatever name it uses next to defraud elderly people.  I can't think of a word low enough to call a company as despicable as this one and I would advise anyone else who has done business with them to have your project checked out, make sure they did what they charged you for.
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There isn't an ethical or legal leg to stand on for this company. This woman has had nothing but stress and and worry and I have no doubt this situation has greatly aggravated her condition. I would seriously consider suing them for the pain and illness they have caused her. Â
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I would hope for a multi-million dollar award for her and a going out of business PERMANENTLY sign for this stinking company. Â LEAVE our state you jerks!
 @fyrefawx Really, it's fraud, so I see no reason they can't be held liable in criminal court, go out of business, but stay in the state jail cleaning toilets for a few cents an hour!