The following pictures and text help describe the driveway dispute.

Here are some pictures showing the "lack of progress" with my driveway.

This is the rear of my drive way. Standing by the street looking west. The eastern portion of this area fills
 with water after a rain.
Garage door half-way open. Front of home January 1, 2001. Looking from rear of driveway towards the street.

March 13, 2001

Receipt for Cashier's Check

I, Woody Brazelton, received a Regions Bank cashier's check
(number 442773409) in the amount of one thousand dollars ( $1,000.00 )
from M. D. Smith, V on this the thirteenth day of March 2001.

It has been agreed between the two above named individuals that the amount,
(one thousand dollars), agreed upon is payment in full for preparation of the
driveway addition, the concrete, labor, and removal of the dirt from the site.

Completion date: March 20, 2001

Signed: ______________________________

Signed: ______________________________


Woodie Brazelton
DOB July 31, 1942 (07-31-42)

Mr. Brazelton drives a white ford flat bed truck with an
Alabama tag number 47FL257 other information I have been
able to find is his Alabama Driver's license number 3715958.

His Phone number appears on caller ID as: Brazelton, Annie (256) 852-8936
Mr. Brazelton has also called me from a mobile number (256) 603-1410
[The mobile number is a BellSouth Mobility number.]

Wednesday night April 11th, 10:20pm
I called Woody or "Woodie" Brazelton in another "attempt" for him honor his
signed agreement, (see above), or pay me five hundred dollars
($500.00) enabling me to finish the driveway work.
[Earlier attempts to contact Mr. Brazelton failed.
He did not return any of the messages that I left on his answering machine.]

Wednesday night, over the phone, He agreed to bring me the money.

He stated on the phone, "I will bring the money over tomorrow."

Thursday April 12, 2001 at 7:55pm -
I called Mr. "Woodie" Brazelton and spoke with him on the phone.
When I asked where my money was he responded,
"You about a hundred too high there ain't 'ya?"

I told him that on Monday April 16th 2001 I would file
all of this information with the Sheriff and let the
court system handle it, then I hung up the phone.

Of course, you need an address to file a Small Claims Court case.
The address that I found for Mr. Brazelton is:

Woodie Herman Brazelton
779 Toney School Road
Toney, Alabama 35773

Here is the situation:
I have "Bent-over-backwards" in an attempt to give this man,
[Mr. Woodie H. Brazelton], the benefit of the doubt.

After waiting a month for Mr. Brazelton to finish the work,
on April 18th I called a second contractor to finish the
job that Mr. Brazelton had created and abandoned.

On April 19, 2001 the second contractor, Sam Gideon, came out
and poured (8-1/2) eight and a half yards of concrete.
This was an additional cost to me of $873.92 for labor and concrete.

As of Friday, May 4, 2001 I have filed a Small Claims Court case
against Mr. Woodie Brazelton for the extra $873.92 that it cost me
to have the driveway finished.

Now it is up to the court to see that justice is served.
My caution to family, friends, and neighbors is beware of Woody Brazelton.

I have been taken for One Thousand dollars!

August 28, 2001 - I appeared in Small Claims Court presenting the facts to Judge Susan T. Moquin. These same documents were presented for Mr. Woodie H. Brazelton to look over as well. After hearing both of our testimonies Judge Moquin informed us that the courts decision would be mailed to each of us.

September 1, 2001 - In the mail today I received the courts decision.
JUDGEMENT FOR THE PLAINTIFF (that's me.) Here is what the document states.
The parties to this action having appeared in open court, and the court having considered the evidence, finds that the plaintiff is entitled to recover the sum of $873.92 and the court costs in this action from the defendant, and judgement is entered accordingly.
This 29th day of August, 2001.

September 1, 2001 - I called Mr. Brazelton and asked if he had received his copy of the court decision. He replied, "Yes, I have and we are going back to court because I don't owe you that money".
Now I will pursue all of the legal routes to recover the money awarded me from the court.


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[update 22-OCT-02] M.D. Smith, V