A quick update……I collected….deposited…..and already spent…the check for the suit I filed and won.
I was awarded a half what I sued for….the outstanding balance…….for a “labor only” job…..so while I lost money in the deal…I didn’t lose anything outta my own pocket…like for materials.
I was considering an appeal…as I was advised most likely I’d win the appeal…..but again…those in the know said another split of that outstanding balance would most likely be the verdict. I would not have lost any money..and the chance was still there for a judgement of the whole balance…..but……half of the outstanding half…..would have been about $750……
And the appeal process could take 3 to 4 months……so for a probable additional $750……..I decided if the jerk customer would pay what was legally owed quick…..I’d go away semi-satisfied.
So I called him and laid it out…..my decision to appeal…..was based on how fast he would write out that check. If he delayed for one second….off to court we would go.
He said he’d get in in the mail the following Monday……I instead got a release from his lawyer and a letter stating the check was in his escrow account…read for me when I signed off on the release.
I signed..and was going to send off my own release…..till a lawyer advised that payment/acceptance of the mag’s judgement was binding. I was neither of us needed a release..so go ahead and sign it….write one of my own if I wanted…but him sending off and me cashing the check was enough to viod any agreements we had.
So…after a week of trying to sit down and find the time to write a release…I just signed and mailed. Got the check a day later.
Lesson learned..again…document everything..and get a sign off on anything out of the ordinary. In other words…..go back to not trusting anyone that’s not earned it!
Jeff
…………..Al-ways look on……the bright……side of life………..
…….whistle…..whistle…….whistle……..
Replies
Jeff,
I am really glad to hear you got something out of it. It is so frustrating to try your best, work to communicate and get screwed in the end. Glad it panned out for you.
Wait! Is it ok to respond to this thread!? Man, this isn't for someone else again is it!? Oh, man I hope the thread cop doesn't come get me again. The last time I made a mistake some guy started bangin his head and couldn't stop! He thought I was Steve.................and you were..................gag..............Richard. Man I hope I didn't screw up again! DanT
Glad it worked out for you. Sometimes the little guy wins. A ray of hope in dark times.
Glad to hear you won,....... but I must say it's too bad that Solomon decided to split the baby in two and give you each half. You should've had it all.
Spilt milk......I guess. Sounds like you've already wiped it up and are ready to go forward. That's usually the best thing to do.
Hope it doesn't happen again.
Cheers Jeff!
While the hassle is never worth it, the satisfaction is makes the effort worthwhile.
Congratulations Jeff.
You're buying'
Shoulda fought for that too, it could get costly.
__________________________________________
Remodeling Contractor just outside the Glass City.
http://www.quittintime.com/
Glad to hear you got something out of the deal. At least you have the whole mess behind you now.
Why doesn't Tarzan have a beard?
WEll, I am one of the ones that blindly predicted the results . I am glad you got something out of it , but it doesnt feel like winning does it ? Legal arguements are bitter after taste.
Tim Mooney
Cool maybe now you can out to Calif...:>)
At Darkworks cut to size made to burn......Putty isnt a option
Glad to hear someone won. I won my first case, she appealed, I won again in district. They won't enforce payment, she ain't paying, and garnishment is my only option I know about - - and shes self employed. Sucks to be me.
That's one of the reasons I just took what I could.......like I said...I laid it out pretty clearly to the guy.....and he was willing to pay up quick.....I thought of the alternatives.......and there are very few "legal" methods of collecting.......
So I swallowed my pride and took what was offered.
At some point I made reference to the fact that I was a responsible, married, reputable business owner...with a young family.....and 10 yrs ago things woulda went a little different! Just something for him to think about with the next guy.
Like dear old dad said....Ya woulda collected all the money......then spent that and then some on bail and fines!
I was told the higher up you take things..the better the chances of getting paid are. Maybe try the next level...if there is one? A local restraunt just had a company big wig jailed for 12 hrs..till his lawyer paid the bail...because his group supposedly walked out on a $1,200 restraunt/bar bill. They called the cops and filed for "theft of services". Not sure if thet's an option after a coupla court cases.
Jeff..............Al-ways look on......the bright......side of life...........
.......whistle.....whistle.......whistle........
It's not, but boy does it sound nice. That was actually the first thing that came to mind, and since all my cop experience was while in BDU's, I called a friend on the PD here and asked for a definition and he said basically sorry bud, theft of services is hooking to a cable line without paying, or dumping in a dumpster someone else is paying the fees on. This one he said was just a go to court and spin the wheel. It only took 9 months from invoice to second decision, and yeah, the wheels grind slowly. THe only saving grace is I have a lien on her, and someday far far down the road she'll want to sell the place and there will be the lien, and those accrue interest (at least here). So I just hope she moves out of that house within my lifetime. The motivation to have the final word is significant. But so is the threat of jail, so I guess this is one of those times you grab the jar of vas and just take it.
Don't rely on a mechanics lien, except for the short term. My lawyer told me that they automatically expire after a couple of years (at least here in CT), and are unenforcible thereafter...
I recently got taken,
the first time in over 11 years of dealing with contractors.
He got into me for about $7000 and while I was awarded judgement for the full amount he laughed as he left the courtroom and told me good luck, ya can't get blood out of a turnip!
turns out he's right.....
If you know where she banks you can garnish or attach the bank account.
I think that in some state you can get whatever is in it and then come back later and get more if the judgement is not settle. In others it might be a one shot deal.
I believe that nolopress has some information on collecting small claim court judgements.