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Need advice from jetnation Lawyers and


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whoever stayed at a holiday inn last night. late april we paid half down on a fence to be put in (little over 2K). Fence company cashed the check on april 24th, with the promise the fence would be built within the next week or two after 4 other projects were complete. Well by the end of May, I had heard every excuse in the book (to include the lady answering the phone breaking her arm) on why the fence was not put in yet.

so beginning of June, I called to tell them forget the fence I want my money back. Now it getting rediculous on the excuses I'm getting on why I have not recieved my money back. I have called to no end and am starting to act like a collection agency. So I guess the next step is small claims court. I have already filed with the BBB.

anyone know the process for this and the steps I should take? do I need to involve lawyers or should I represent myself. Also I'm not sure how much I should add (if any) for having to deal with them on a daily basis to try and get my money back?

What say you Jetnation?

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well, the fence install is a written contract. signed in april. I have a copy from my bank of them cashing the check on april 24th. on 2 June, I told them to cancel the installation and refund our money since they were giving us every excuse on why the fence was not installed yet. Now it's been 3 weeks and I haven't received the money back yet.

was there a start date on the contract?

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was there a start date on the contract?

not sure...I'll have to look at it tonight. Other problem is my wife's the only one who signed the contract, so not sure if I can be involved in the court case. She wanted the fence, I didn't....she got tired of dealing with them and told me to handle it since she was too pissed off from it.....so I told them to refund the money and no fence.

I finally got tired of the run-around today and decided they aren't going to give the money back unless I involve the legal process.

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I don't know what state you're in. In New York, you should be able to file a claim in your local town, village or city court. You might also threaten criminal action. 2k is at least petit larceny (maybe a low-degree felony grand larceny). Contact your district attorney or state attorney general's office.

I'm not a lawyer. I'm a journalist who covers courts, among other things. Take my input for whatever you think it's worth.

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I don't know what state you're in. In New York, you should be able to file a claim in your local town, village or city court. You might also threaten criminal action. 2k is at least petit larceny (maybe a low-degree felony grand larceny). Contact your district attorney or state attorney general's office.

I'm not a lawyer. I'm a journalist who covers courts, among other things. Take my input for whatever you think it's worth.

Thanks Bob, I contacted the DA's office....they recommended small claims court for this.

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Thanks Bob, I contacted the DA's office....they recommended small claims court for this.

I'm one of the lawyers (NY/NJ). How did you demand the money back? Over the phone? IF so, send a letter. Send it both certified and regular mail and sue them in small claims. In NY the small claims limit will more than cover the $2K. Ask for interest, etc. Filing fees should be well under $50, depending on where you are.

You can get an attorney, but the cost will probably suck up most if not all of the money you'll get back. Worse yet, who was the contract with? If the company is a borderline deal they may be going belly up and you may end up out of luck. Don't waste any time because it'll only make it harder to track down the money.

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well, the fence install is a written contract. signed in april. I have a copy from my bank of them cashing the check on april 24th. on 2 June, I told them to cancel the installation and refund our money since they were giving us every excuse on why the fence was not installed yet. Now it's been 3 weeks and I haven't received the money back yet.

You should consult with an attorney who specializes in breach of contract litigation.

You can look them up in the phone book. Consultations are usually free. You may have to pay a retainer since I don't think this area of litigation is contingent-fee based but it looks like you have an open and shut case with hard evidence. Most likely the attorney would send a letter with his firm's letterhead to that business demanding the money back and threatening to file a complaint. You'll probably scare them into refunding your money back.

Or you can also just go to small claims court like the DA recommended to you but me personally I'd play hardball with these knuckleheads.

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whoever stayed at a holiday inn last night. late april we paid half down on a fence to be put in (little over 2K). Fence company cashed the check on april 24th, with the promise the fence would be built within the next week or two after 4 other projects were complete. Well by the end of May, I had heard every excuse in the book (to include the lady answering the phone breaking her arm) on why the fence was not put in yet.

so beginning of June, I called to tell them forget the fence I want my money back. Now it getting rediculous on the excuses I'm getting on why I have not recieved my money back. I have called to no end and am starting to act like a collection agency. So I guess the next step is small claims court. I have already filed with the BBB.

anyone know the process for this and the steps I should take? do I need to involve lawyers or should I represent myself. Also I'm not sure how much I should add (if any) for having to deal with them on a daily basis to try and get my money back?

What say you Jetnation?

Wait a second. You gave some "fence company" 2 grand and they haven't done any work???

You call up and get some attitude on the phone?

Dude, you have to drive over there and confront them personally. Who signed the check? Ask to speak to that *****er.

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Wait a second. You gave some "fence company" 2 grand and they haven't done any work???

You call up and get some attitude on the phone?

Dude, you have to drive over there and confront them personally. Who signed the check? Ask to speak to that *****er.

Or better yet, he could get his friend Ben to do it for him!

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Go to thier office with a bat. I'm not kidding. If they do not give you the 2 grand on the spot, make sure to inflict $2000 of damage to their equipment. What will they do, sue you for the money they owe you? F*$& em.

Edited by Boozer76
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You've got to make yourself his number one priority. Make his life suck so bad he'll hurry up and give you your money back just to get you off his back.

More than likely you are not the only person he is f**king around. Find out where he lives, what his phone number is, better still a cell phone and just keep calling 24/7. Find out where his kids go to school. Leave subtle messages on the answering machine, get the information of his friends and associates, start harrassing them too.

Trust me, he'll cough up the cabbage.

If all yo do is go through the legal beauracracy, more than likely you'll never see your money again.

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I'm one of the lawyers (NY/NJ). How did you demand the money back? Over the phone? IF so, send a letter. Send it both certified and regular mail and sue them in small claims. In NY the small claims limit will more than cover the $2K. Ask for interest, etc. Filing fees should be well under $50, depending on where you are.

You can get an attorney, but the cost will probably suck up most if not all of the money you'll get back. Worse yet, who was the contract with? If the company is a borderline deal they may be going belly up and you may end up out of luck. Don't waste any time because it'll only make it harder to track down the money.

Thanks Dom....no I haven't sent a certified letter yet. I will have that sent out today. filing fee's and notification sent to defendants will total $146. The DA's office said usually the judge has the defendant pay the fee's if I win.

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Thanks Dom....no I haven't sent a certified letter yet. I will have that sent out today. filing fee's and notification sent to defendants will total $146. The DA's office said usually the judge has the defendant pay the fee's if I win.

Damn, that's a lot. Where are you? In the five boroughs it's around $15 and that should include service upon one party Defendant. Hiring an attorney isn't a bad idea, but you may end up out more than your $2K. I assumed because you asked here that wasn't really an option. If it were a family member of mine I'd send a demand on letterhead and then talk them through small claims. It's not worth the trouble/expense for most attorneys to take on.

Edited by #27TheDominator
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SOunds like you'll get a judement....which means **** in todays world. The guy probably doesn't care about a judgement, and sure enough the business will go under

You may have to call Uncle Vito to get any satisfaction

I am going through something similar with a guy over 4500.....I'll never see it, although I have a cour hearing on the 25th

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I think we can all agree you are likely not going to see your money, right? You're also going to spend another $146 in court for money you won't see, then you'll continually stew over this for a very long time. It's not good for your health. At least get some satisfaction out of this. You know where his office is, go over there and wreak havoc. Very calmly wak in with a bat and ask politely for your money. As soon as an excuse comes out of someone's mouth, smash their fax. $200 right there, now your down $1800. Ask again politely. Again with excuses, smash the printer. Depending on the quality it will be anywhere from 2-$600 total. Now you're down to $1500 or so in the hole. Ask for that amount. If no, smash their computers. Keep this going until you have reasonably damaged about $2000 of their equipment or received the difference of your damage in cash. They will call the police, but they won't press charges on you since you'll do the same to them. You no longer will feel frustrated over having just given away $2 grand and all will be well.

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I think we can all agree you are likely not going to see your money, right? You're also going to spend another $146 in court for money you won't see, then you'll continually stew over this for a very long time. It's not good for your health. At least get some satisfaction out of this. You know where his office is, go over there and wreak havoc. Very calmly wak in with a bat and ask politely for your money. As soon as an excuse comes out of someone's mouth, smash their fax. $200 right there, now your down $1800. Ask again politely. Again with excuses, smash the printer. Depending on the quality it will be anywhere from 2-$600 total. Now you're down to $1500 or so in the hole. Ask for that amount. If no, smash their computers. Keep this going until you have reasonably damaged about $2000 of their equipment or received the difference of your damage in cash. They will call the police, but they won't press charges on you since you'll do the same to them. You no longer will feel frustrated over having just given away $2 grand and all will be well.

See, you're talking like people from where I grew up would handle things. Though in spirit I agree, the risk of getting a record or put in jail over that scumbag isn't worth it. These are very tight-assed times. In the old days, two men could "work out" their issue outside. Now, they boot you in jail just for breaking someone's nose or even cursing someone out.

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Physical violence isn't for everybody. I most likley would have made some discreet threats, but actually going in and smashing **** isn't going to help him any and I'd rather pay $146 in court costs to get a (possibly) worthless judgment than to get myself out of jail.

Smashing some douchebag's fax machine isn't putting any money in my pocket. If you can actually take $2K worth of equipment it might be worth it, but I'm about the benjamins. I'm not driving to some jerkoff's office to kick some ass. There are too many people closer by to hit.

It would make sense to find out if the place is a going business, is it a corporation, a partnership? While many judgments go uncollected you'd be surprised at the amount that can be collected long after they are obtained. The 9% interest isn't half bad either. Oh, and RBL, save the copy of the back of that check because that is the first bank account you are going to freeze when you get the judgment.

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Sigh.

All you can really do is cut your losses. It's too bad but this is the world we live in--- too many scumbags and they know how to work the system.

Is there any way you can use this "home improvement" as a tax write-off?

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Damn, that's a lot. Where are you? In the five boroughs it's around $15 and that should include service upon one party Defendant. Hiring an attorney isn't a bad idea, but you may end up out more than your $2K. I assumed because you asked here that wasn't really an option. If it were a family member of mine I'd send a demand on letterhead and then talk them through small claims. It's not worth the trouble/expense for most attorneys to take on.

I'm in north alabama.......if I don't get my money back, redneck justice will be in order.

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I'm in north alabama.......if I don't get my money back, redneck justice will be in order.

I'd continue with squeaky wheel and visits to the actual place of business & demand to speak with owner while you persue the claim with da

ya just never know, they might cough up. invite a big burly friend along for intimidation only

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As a contractor myself, I NEVER ask for money up front, and none should with the exception of costly and time consuming renovations or an addition to a home. Definitely not with a fence. Most fences can be put up in 2 days, and any contractor worth a **** can afford to cover the costs for that short of time. If a contractor wants a deposit before he'll even schedule you, 10% is more than adequate, but get it in WRITING when he's going to install it. Sorry if it seems harsh, but you made it way too easy for this guy.

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As a contractor myself, I NEVER ask for money up front, and none should with the exception of costly and time consuming renovations or an addition to a home. Definitely not with a fence. Most fences can be put up in 2 days, and any contractor worth a **** can afford to cover the costs for that short of time. If a contractor wants a deposit before he'll even schedule you, 10% is more than adequate, but get it in WRITING when he's going to install it. Sorry if it seems harsh, but you made it way too easy for this guy.

Exactly, for a little over 2k all the contractor needs is a signed contract.

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