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All-In [46669]
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Legal Joungers, GITT and help a brother out
Sep 28, 2022, 7:42 AM
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So it's looking more and more like I'm going to have to take my former contractor to small claims court.
The county building people are saying that there is a strong possibility that since the foundation was done without a permit, it may have to be torn down and redone. If that is the case, I will have to take him to court to get my money back from that. He is claiming he will not pay because he completed the work and the money is spent. My claim is that even though he told me multiple times (and I have all of this on record) that he had the permit for the project, he did not and therefore it's on him to make it right.
I called the local magistrate yesterday and told them what was going on. They gave me some legal definition of what I was seeking and said it was common with contractors. They said to draft a letter stating the situation, how much I want back, why that amount and sent it through certified mail giving him 15 days to make it right. If he doesn't then I take the letter and certified mail receipt to the magistrate and they send a summons (or whatever it is that says he has to come to court).
This is where you come in!
Please reply with your best legalize (or joungalize) ideas for what I should put in the letter I will be mailing him.
FYT
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Heisman Winner [105121]
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Make sure you use "Habeas corpus" in the letter
Sep 28, 2022, 8:17 AM
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It sounds fancy
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All-In [46669]
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Write of Habeous Corpus
Sep 28, 2022, 8:20 AM
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Hall of Famer [20535]
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^^ Please to be including these ##### in the letter***
Sep 28, 2022, 8:26 AM
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Heisman Winner [134829]
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Deer Kontractor Dude
Sep 28, 2022, 8:27 AM
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I’m sorry I ratted u out to the inspectater man without checking with u fust
Pleaz don’t burn down my hows with me and mine lok’d in it
U still gonna pay tho
Hugz & Kisses
FBC
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All-TigerNet [10816]
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Re: Legal Joungers, GITT and help a brother out
Sep 28, 2022, 8:39 AM
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"...there is a strong possibility..."
This is legalese for "unless you pay me off".
But now you've talked to the magistrate so that's off the table.
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All-In [46669]
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I'm not following. Are you saying that I can only
Sep 28, 2022, 8:43 AM
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request money back from the contractor OR the magistrate?
So because I contacted the magistrate asking what I can do if the contractor doesn't make it right, takes other options off the table?
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Heisman Winner [135096]
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Re: Legal Joungers, GITT and help a brother out
Sep 28, 2022, 8:44 AM
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Lot o points [162128]
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Might want to get an actual attorney to help with this
Sep 28, 2022, 8:45 AM
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but do include the fact you gave him time to "cure" the situation.
I got that from my business law class circa 1976.
Message was edited by: Father G®
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Heisman Winner [135096]
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Attorneys are a rip off!
Sep 28, 2022, 8:52 AM
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Like engineers. And surgeons. You can do all those things yourself with a kit from Amazon.
--FBCoachSC®
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Heisman Winner [105121]
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I bet he has a cousin with a LegalZoom.com login, he can use
Sep 28, 2022, 8:54 AM
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that to get a draft letter.
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All-In [46669]
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Re: I bet he has a cousin with a LegalZoom.com login, he can use
Sep 28, 2022, 8:54 AM
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All-In [36448]
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Hall of Famer [24289]
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Did you have that older female lawyer as prof? Totally cool
Sep 28, 2022, 9:01 AM
[ in reply to Might want to get an actual attorney to help with this ] |
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lady, Wore tight skirts, would sit on the corner of her desk, light up a cigarette, and talk law. Like a scene from a movie. Loved that lady.
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Lot o points [162128]
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LOL. No I had Patrick. Atty from Gvle
Sep 28, 2022, 9:42 AM
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war vet and he had gastric issues if you know what I mean.
I learned in those two classes that my plans on going to law school had to be changed. I hated those classes.
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All-In [26294]
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I for one, am fully on board with this strategy to give your
Sep 28, 2022, 9:04 AM
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one shot at a remedy the same foundation as your house.
Forget the letter. Cobble together a complaint for small claims court -- handwritten in all caps is fine. Basically, you're looking for the bare minimum to get you a court date to which you spend the whole time objecting to whatever the contractor says. If he can't get in a word, then technically he loses. It's not a well known legal strategy, but its bulletproof.
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All-In [26294]
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OHHHHH.
Sep 28, 2022, 9:05 AM
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And say, "May it please the court" before EVERYTHING you say. Including the objections.
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Heisman Winner [135096]
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That may work in a murder trial or such, but small claims is
Sep 28, 2022, 9:19 AM
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going to require a disgraced doctor serving as a paid expert witness. Without that, his entire case is sunk from the start.
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All-In [47199]
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This is going EXACTLY how we all thought it would go
Sep 28, 2022, 9:40 AM
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Is it not?
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Orange Blooded [4587]
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Bet the contractor is on a construction message board giving
Sep 28, 2022, 9:47 AM
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his side of the story, would love to see that...
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All-In [46669]
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All-TigerNet [11611]
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Small claims is useless
Sep 28, 2022, 9:56 AM
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If you win, they’ll have a settlement against them. There is nothing that will force them to pay.
They will bankrupt the company and then re-open under a new name.
All the while you’ll be out all your legal fees.
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All-In [48407]
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I once sued a German corp…
Sep 28, 2022, 10:08 AM
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In US federal court. Bench trial because the defendant was in default. Got my very first verdict as a young lawyer. $2 million.
Guess how much I collected?
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Heisman Winner [105121]
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DM64***
Sep 28, 2022, 10:10 AM
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CU Medallion [65641]
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Lunge reactions
Sep 28, 2022, 10:25 AM
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First, and probably most abundant
This is me
Others may be like
And just because KenM_Tigerfann likes Key and Peele
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Oculus Spirit [93152]
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First you must assess the damages.
Sep 28, 2022, 10:38 AM
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Find out if you can use the foundation or if it has to be torn out, hauled off and another put in place. If so then get estimated from demo contractors to tear it out and haul it off. Then get estimates on placing a new foundation and man up to your responsibility to manage the project by inspecting paperwork and staying in contact with inspectors.
Each estimate from each bidder should include a scope of work detailing exactly what they are intending to do and exactly what they will charge for doing it. The estimates should be 'hard dollar,' and not unit prices such as linear feet of this or square feet of that.
The idea way is to get three so you can compare and decide which to choose. You do not have to take the lowest bid so I recommend you take the one which gives you the most details on the scope of work.
When you write the letter use your own words. Show proof that the foundation was built without a permit and show all your documentation. Sham builders have lawyers, so remember, you're going to convince a lawyer that what you say is true by showing him the proof and having him advise he client to pay you off rather than pay a lawyer, go to court then play you.
Be completely and totally honest in the letter because if you exaggerate or outright lie it will bite you square in the courtroom.
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All-In [40656]
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Hahahahahahahahahahahahahaahahahahahahahahahahahahahahah
Sep 28, 2022, 11:44 AM
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We all told you so.
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All-In [48407]
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How likely do you think it is that he has any money
Sep 28, 2022, 11:56 AM
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or assets to pay a judgment?
I'd find out before you start suing him. You'll spend a couple hundred bucks to get a useless piece of paper even if you win if he has no assets that wouldn't be protected in bankruptcy.
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All-In [46669]
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Bankruptcy is fine with me.
Sep 28, 2022, 11:58 AM
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This dude should not be in construction. I have a couple of other people who have said he's done the same thing to them and has not given any money back yet.
I want this dude to hurt.
And then bang his wife in front of him when he's out of money and she sees him for the failure he is.
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All-In [48407]
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How are you going to put him out of business?
Sep 28, 2022, 12:01 PM
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You sue. IF you win, and there is always an IF there, you have a judgment.
You have a piece of paper. You go to another court to enforce your judgment. Let's say he owns one truck, some business tools and a house in his name with some amount of equity in it.
You can't touch those assets.
Dream scenario he's got insurance. But how likely is it he has insurance?
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Hall of Famer [21029]
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Wait... you know people that he has done this
Sep 28, 2022, 12:47 PM
[ in reply to Bankruptcy is fine with me. ] |
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To before... and you still hired him? I mean, you did vet him before you hired him, right?
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All-In [46669]
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I got 3 glowing recommendations
Sep 28, 2022, 12:48 PM
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then when I confronted them about it, they said, well we didn't want him to lose business. He's a decent guy, etc etc
Then after I started blasting him around the area, I had people come to me and tell me the #### he's pulled.
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CU Medallion [64837]
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Well sir, you must know that you should never solicit
Sep 28, 2022, 1:54 PM
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recommendations from people who don't fear that you'll send them to the bottom of whatever blackwater you live near if the recommendation proves wrong.
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Orange Blooded [4056]
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Re: Bankruptcy is fine with me.
Sep 29, 2022, 12:03 PM
[ in reply to Bankruptcy is fine with me. ] |
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His company will go bankrupt and then he will open a new company.
Contractors pull this #### all the time to get out of judgements.
They used to go to Texas for a couple of years to wash things (and then come back when they do the same thing there) but I doubt they even bother new.
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Oculus Spirit [80664]
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Cooch thinks this that guys first time at this.
Sep 29, 2022, 12:05 PM
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Cooch is going to end up owing him money.
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All-TigerNet [13764]
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Sounds like a class action suit to me.
Sep 29, 2022, 1:21 PM
[ in reply to Bankruptcy is fine with me. ] |
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You should dial all 9's or all 7's or whatever.
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CU Medallion [64837]
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Be the bigger redneck POS.
Sep 28, 2022, 1:56 PM
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Never hire somebody to do work for you, but if you must, you must ensure that you are the bigger, scarier, sketchier POS between the two of you. I would think that you almost always are, but I guess you found your huckleberry. Always make them think they have more to lose than you do. Somehow you failed to do that in this situation, which astonishes me.
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All-In [46669]
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Trying to turn over a new leaf***
Sep 28, 2022, 2:14 PM
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All-In [40798]
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hire an engineer to certify your footings
Sep 29, 2022, 12:36 PM
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Much cheaper. You have nobody to sue. He is gone. If you win you have no way to collect.
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