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Demand Letter To H/O

 
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Old 02-13-2009, 08:40 PM   #21
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Re: Demand Letter To H/O


go through the house and pull out 40% of your work
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Old 02-13-2009, 08:40 PM   #22
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Re: Demand Letter To H/O


Quote:
Originally Posted by michaelzenga View Post
I am having a horrible time with a lawsuit, why won't customers just pay what they agreed to!!!
Please elaborate will you. I'm sure the OP won't mind the hijack because it follows the same lines.
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Old 02-13-2009, 08:40 PM   #23
 
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Re: Demand Letter To H/O


Quote:
Originally Posted by michaelzenga View Post
I am having a horrible time with a lawsuit, why won't customers just pay what they agreed to!!!
It's part of the business. I don't like it anymore than you but when you stepped out from among the sheep you supposedly knew this.

Not a crack on you, it is what it is.
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Old 02-13-2009, 08:43 PM   #24
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Re: Demand Letter To H/O


Quote:
Originally Posted by rbsremodeling View Post
Yes. A contractor simply has to sue the homeowner first. He then has to show that he did work and is owed money. The judge is there to hear the case in front of him and the licensing laws do not come into play.

Now if the homeowner files first it is another story. This is from personal experience
If the unlicensed contractor sues the homeowner, all the homeowner has to do is ask the contractor to prove he was licensed when he did the work, if he can't the case is dismissed, unless the homeowner counter sues for damages and attorney's fee's.

It does not matter who files the lawsuit 1st, just because the unlicensed contractor files first, does not mean the laws don't apply.

Last edited by bwalley; 02-13-2009 at 08:45 PM.
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Old 02-13-2009, 08:44 PM   #25
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Re: Demand Letter To H/O


Quote:
Originally Posted by john5mt View Post
go through the house and pull out 40% of your work
I don't know how it is in Canada but once something is installed in Florida, it can not legally be removed, even if it wasn't paid for.
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Old 02-13-2009, 08:45 PM   #26
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Re: Demand Letter To H/O


Quote:
Originally Posted by bwalley View Post
If the unlicensed contractor sues the homeowner, all the homeowner has to do is aks the contractor to prove he was licensed when he did the work, if he can't the case is dismissed, unless the homeowner counter sues for damages and attorney's fee's.

It does not matter who files the lawsuit 1st, just because the unlicensed contractor files first, does not mean the laws don't apply.
That is the fault in your assumption. The judge is not there to decide if the contractor is properly licensed. He is there to decide if work was done and if the person paid for it , if the suit was brought by the contractor. If the homeowner brings the suit that is another story and you are right.
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Old 02-13-2009, 08:45 PM   #27
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Re: Demand Letter To H/O


Quote:
Originally Posted by precisionbuild View Post
It's part of the business. I don't like it anymore than you but when you stepped out from among the sheep you supposedly knew this.

Not a crack on you, it is what it is.
i got hit twice in my first two years and won them both. Then it was smooth sailing until last year when I got hit with a suit and I wrote the lawyer and accused him of being an amulance chaser and cheating on his bar exam. Not a good idea. I lost that case and a week later the judgement was taken out of my checking account without any warning.

Last edited by Brock; 02-13-2009 at 08:47 PM. Reason: mispelling
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Old 02-13-2009, 08:48 PM   #28
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Re: Demand Letter To H/O


Quote:
Originally Posted by rbsremodeling View Post
That is the fault in your assumption. The judge is not there to decide if the contractor is properly licensed. He is there to decide if work was done and if the person paid for it if the suit was brought by the contractor. If the homeowner brings the suit that is another story and you are right.
You are dead wrong, the valid defense to not paying the unlicensed contractor is the fact that he is unlicensed, it does not matter who brings the suit first.

Judges rule on all of the facts that pertain to the case, all of them and being unlicensed is a valid defense for not paying an unlicensed contractor.
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Old 02-13-2009, 08:49 PM   #29
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Re: Demand Letter To H/O


Quote:
Originally Posted by bwalley View Post
You are dead wrong, the valid defense to not paying the unlicensed contractor is the fact that he is unlicensed, it does not matter who brings the suit first.

Judges rule on all of the facts that pertain to the case, all of them and being unlicensed is a valid defense for not paying an unlicensed contractor.
O/P is licensed
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Old 02-13-2009, 08:50 PM   #30
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Re: Demand Letter To H/O


Quote:
Originally Posted by bwalley View Post
You are dead wrong, the valid defense to not paying the unlicensed contractor is the fact that he is unlicensed, it does not matter who brings the suit first.

Judges rule on all of the facts that pertain to the case, all of them and being unlicensed is a valid defense for not paying an unlicensed contractor.
It is if you the HO suing, not if the "contractor" sues the homeowner
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Old 02-13-2009, 08:55 PM   #31
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Re: Demand Letter To H/O


Does this person have a hot wife? Bang. Rinse. Repeat Until Satisfied. You won't get your money but at least your porking his wife.
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Old 02-13-2009, 08:58 PM   #32
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Re: Demand Letter To H/O


Quote:
Originally Posted by JBBS View Post
Does this person have a hot wife? Bang. Rinse. Repeat Until Satisfied. You won't get your money but at least your porking his wife.
That is option # 3

Number 2 is to sue the homeowner for unjust enrichment
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Old 02-13-2009, 09:00 PM   #33
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Re: Demand Letter To H/O


I like to lay out all the options on the table lol
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Old 02-13-2009, 09:02 PM   #34
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Re: Demand Letter To H/O


Quote:
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I like to lay out all the options on the table lol

I like to lay um out on the bed but I get your drift
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Old 02-13-2009, 09:05 PM   #35
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Re: Demand Letter To H/O


Not me table is good. Then you have a chair to sit in while you smoke and I like the put the ashtray on her stomach.
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Old 02-13-2009, 09:07 PM   #36
 
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Re: Demand Letter To H/O


Quote:
Originally Posted by bwalley View Post
You are dead wrong, the valid defense to not paying the unlicensed contractor is the fact that he is unlicensed, it does not matter who brings the suit first.

Judges rule on all of the facts that pertain to the case, all of them and being unlicensed is a valid defense for not paying an unlicensed contractor.
I am licensed

So your trying to tell me if a kid comes to cut your grass and verbally agree on $40 for the job. The kid is done and asks for his money and the guy says Im only paying you $25 because you missed this blade of grass that is fine! The kid does'nt have a business license, I guess hes SOL?
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Old 02-13-2009, 09:08 PM   #37
 
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Re: Demand Letter To H/O


What ever happened to old fashioned?
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Old 02-13-2009, 09:10 PM   #38
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Re: Demand Letter To H/O


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I am licensed

So your trying to tell me if a kid comes to cut your grass and verbally agree on $40 for the job. The kid is done and asks for his money and the guy says Im only paying you $25 because you missed this blade of grass that is fine! The kid does'nt have a business license, I guess hes SOL?
Everyone always assumes this is the case. I have 4 well paid attorneys that will prove them wrong though
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Old 02-13-2009, 09:13 PM   #39
 
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Re: Demand Letter To H/O




Even a place to put you ashtray Brock.
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Old 02-13-2009, 09:17 PM   #40
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Re: Demand Letter To H/O


Come on Bwalley you trying to google some info on this???

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