When you go to court be prepared to have them drag all sorts of dirty laundry in front of the judge. They'll blame chit on you that you had nothing to do with.

The fact they have the older high end experienced guy on their side will be a tough hurdle.

Get your ducks in a row.

You should at least get your money for the materials back.

Good luck...:thumbsup:

 

When you go to court be prepared to have them drag all sorts of dirty laundry in front of the judge. They'll blame chit on you that you had nothing to do with. The fact they have the older high end experienced guy on their side will be a tough hurdle. Get your ducks in a row. You should at least get your money for the materials back. Good luck...:thumbsup:

I believe if the judge will take their witness into account, he needs to let T-Girl get her own witness to look at it also, otherwise his testimony should not be admissible

 

I personally don't believe this will go past pre-trial deposition.... but the first side who blinks loses...

 

Retain attorney, letters, phone calls, depositions....

Only two people are coming out on the long end here....

Absent a simple small claims resolution or a cheap letter from an attorney, this can get REAL expensive fast....

Two days in court & a couple of letters & phone calls recently cost a friend of mine $24,000 bucks and it was a draw....

 

No, I'm not retaining an attorney. I have friends that are and give me advise. I just thought I could win in small claims on my own. Is this not doable?

 

When I was reading our law in Oklahoma, it said that work does not have to meet particular standards of the individual in order to warrant payment. If the work is up to a reasonable standard it is considered valid. Our paint job was not perfect but we could have made it better if given the chance. However, anyone walking in and looking at this kitchen would say it looks really good. From now on when presented w painting Oak cabinetry I will be much more mindful of the problems it presents and the customers expectations. Does this sound like any laws you all have? I'll see if I can find it and post it.

 

A "Reasonable standard" as determined by whom?

 

File the lien, have attorney write the letter along with copy and call their bluff...

If what you have posted is accurate, including this being the first problem client, you have more at stake here, including your reputation.

If you don't win this, the larger company can use that as a battering ram locally...

If he is not bluffing, or if he really felt his case was strong with the other builder, why would he even bother offering the $500 when they weren't going to pay before?...

 

I've been known to send out legal papers foe 185.00 just for phucking principle. There are something's worth fighting for. I think if she settles for the 500 she's played right into there hand.

 

She played in to their hand when she took the job.

 

This is really sticking in my craw....

If he is not bluffing, or if he really felt his case was strong with the other builder, why would he even bother offering the $500 when they weren't going to pay before?...

 

Because they can now point out the benevolence of their good faith effort to compensate her even while they point out all the discrepancies and lack of professionalism in the job.

 

And she can point out her good faith effort to fix it, but deserves her first draw that she already worked for. She can also point out that she no longer is confident to work anymore without the first draw they agreed to. Simply put, because they didn't pay the first OWED draw, it is perfectly reasonable to believe they won't pay her at completion.

 

Are we going in circles?

 

Ya, just imagine what court will be like....:whistling:laughing:

 

I can't find that statute. I'm going to have to ask my lawyer friend again. I don't remember the exact wording.

 

You don't know for sure that "super contractor" even went over there. It's all made up to try to get you to go away. They even made an offer to help sweeten the deal.

 

Good point, didn't consider that.

 

I believe the expert has to be court approved

 

Yes, and they are not cheap.

But expert witnesses in small claims?

 

Is there pre trial mediation at small claims? I just thought you presented case to the judge and the judge decides on the spot. Like Judge Judy?

 

In California there is no pre-trial conference.

It's the two parties in front of the judge.

 

Good point. Didn't consider that.

 

Is there pre trial mediation at small claims? I just thought you presented case to the judge and the judge decides on the spot. Like Judge Judy?

I think at this point you go to court and learn what to do. It's a valuable learning experience. This way when we need small claims legal advice T-girl will be there for CT. :thumbsup: I know, record the event I would like to hear that one.

 

Let's all chip-in for a transcript... :thumbsup:

Kick him in the nuts with a lien and letter from attorney immediately so he knows you are serious...

 

I bet he's a real a$$- kicker... But I probably can't afford him unless her husband told him to do this for me cuz they feel bad.

Tell him you will paint his cabinets for legal advise. :laughing:

 

I'll keep y'all posted. I'm going over to their house on Sat to show them carpet samples. They had a backup over thanksgiving and want me to do another bathroom and replace their stinky carpet( from the backup). I'll get info and let you know what the legal eagle says.

 

I was laughing w you mike on the cabinet comment. Didn't mean to laugh at myself. Beer and fatigue. Sorry

 

Most courthouses now require you to leave your phone in your car...

 

Didn't think of that. The only time I've been to court is w my son for teenage idiocy stuff. Ok, transcripts it is...

 

Signing off. Got a crazy day tomorrow! Thanks everyone!

 

...

 

Is there not a point where I can say goodby, see you in court to these deadbeats? He just told me tonight he was having other A-team contractor fix everything?!? They have told me they've hired someone else 3 times. This is obviously just to get me to cave. They have also told me in conversation that they had all the evidence they need to go to court. Since I wouldn't take the $500, he doesn't want to go court. Is there a point where I can just say i am done, we are going to court, without harming my case? How many times can I be fired before it sticks?:wallbash::wallbash:

 

Now.

The writing is on the wall.....the one you are banging your head against constantly.

These people are obviously looking to cheat you and are beneath contempt.

IMO, you have wasted enough of your precious time trying to "compromise" with these ..........people (?). File a claim and make it stick, you have everything you need. IMO, it's a matter of principle at this point. You have been more than generous and very professional in your attempts at reconciliation. You are a better woman than I.

Good luck.

 

IMHO, at this point, they have proven to be untrustworthy and willing to breach... I would absolutely go and do the work but only on the condition that final payment is in the form of money order or certified check and it is to be on-hand when you show-up to do the work BEFORE you start.

If he balks, tell him straight up, "you plan on paying me in full, including the money I put out for materials which we agreed to when I got you my discount, right?" Say nothing... if he says Yes, then say, "well there shouldn't be any problem then and I'll even cover any reasonable fee your bank charges for it. I am here to make you happy as I always have been, but when our business is concluded, I don't want any loose ends".

Go get paid... :thumbsup:

That's the goal, right?

Best of luck... 8^)