Call Kurtis: Billed For an Unwanted Fence

STOCKTON (CBS13) -- A Stockton viewer says she came home to find her fence torn down, and then a new one was put up.

Tammie Singh says the contractor even threatened to take her to court if she didn't pay.

Singh has a nice new fence in the back-side of her yard.  The thing is, she never asked for it.  Yet the contractor who built the fence said she has to pay for part of it.

"I don't feel like I should have to pay him," says Singh, "I was angry and upset and I felt like he was taking advantage of me."

It started when Singh found a business card from Smallie Development on her door.  It said "Please call - we are remodeling house next door," which was vacant.

"I thought, 'Oh that's strange because they never said anything to me and they had been here probably two weeks before that," recalls Singh.

She called twice and left messages.  The next day at work she got a strange call from her mother.

"She goes, 'When you went to work today did you have a fence?' and I said, 'Well, yeah.' and she goes, 'Well you don't have a fence now.'  I said, 'What are you talking about?'"

Singh's old fence was torn down.  The ivy that used to cover it was sheared off.  Fuming, she called the number on the card again.  This time there was an answer.

"I'd like to know why you stole my fence," Singh asked him.

The contractor, Don Smallie, who's also a chiropractor, said the fence was a wreck.  He was going to replace it and said she had to chip in.

Singh recalls, "He goes, 'According to the good neighbor law, you're required to pay me for half of the fence.'"

What good neighbor law?  Singh called the City of Stockton and was told there's no such law.   The next thing she knew, the new fence was put up and Don Smallie came knocking on her door.

"He said that he didn't care if I paid $5 a month until it was paid off, but I would pay him," Singh Says.

Then she says he handed her an invoice asking for $270 for materials or he'd take her to small claims court for $720, half the total cost of the fence.

Venus Stromberg with the Contractors State License Board says if Singh never agreed to the work, she's off the hook.

"She does not have any liability because she did not sign a contract," says Stromberg, "She had no expectation of any work being done."

We called Don Smallie.  He told us he thought his workers asked Singh about replacing the fence, and he assumed there was a good neighbor law.  He claims he told Singh if no good neighbor law exists, then she got a free fence.

So she won't have to pay for it.  Singh hopes her story can be a learning experience for others.  "Hopefully it will send a message to everyone else that's out there and contractors out there not to take advantage of people."

We found out Don Smallie helps flip homes for investors.  That's what they were doing in this case.  If you ever have to replace a fence get an agreement with your neighbors in writing that explains each person's portion of payment so there are no questions later.