# Customer Wants to go to court



## Rob PA (Aug 30, 2010)

pay her back ....i have a 1k check sitting on the table guy owes another 1 k before work starts i will not touch it until he does


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## kswoodbutcher (Dec 4, 2010)

The New short and to the point Mike! :laughing:


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## Tom Struble (Mar 2, 2007)

http://www.youtube.com/watch?v=VcqdzJ-nnpE


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## CookeCarpentry (Feb 26, 2009)

I'd thank Mike, but it appears my Thanks! button has dissappeared...must have been too generous today....:shifty:


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## CJA (Jan 26, 2011)

Did this woman find you find you in the Home Depot parkinglot begging for work. Because you have NO CLUE what the he!! you're doing. Who uses a customer's money to do another job? I hope she takes you to court. Sounds to me that if she does you'll be out of business and we have one less troll in our market.


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## W-Tinc (Feb 15, 2008)

4k is not really an unreasonable deposit on something special ordered like replacement windows. I normally took payment in thirds, 1/3 to order, 1/3 at start of work, and 1/3 at job completion. 

We always spent more than the 1/3rd deposit on materials and pushed the jobs through asap to get our pay. 

Not really about how much money you have, its about getting stuck with several thousand dollars of new windows that are worth 25% of what you just paid for them if they don't go into the house they were ordered for.

Not defending OP, sounds like he really needs to take a step back and look at where he's heading, and correct the way he is running his business while he still can.


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## Tom Struble (Mar 2, 2007)

some of you guys are vicious:shutup:remind me never to come here for advise after i screwed up:no:...really Mike?...really?


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## TimNJ (Sep 7, 2005)

precisext87 said:


> So if we went to court how would it pan out? I want to pay her back asap but she needs to be patient.
> 
> btw im a llc, she never answers her phone.
> 
> I don't mind paying her more as compensation but im not sure what to do.


If she never answers the phone then you write a letter and send it "Certified, Return Receipt". Then you would cover your a**.
I don't know where you are, but some states could hit you with "triple damages" in court if they charge with fraud.
You better find some way, any way, to get the money together to give a refund and when you do, for gods' sake have a release letter drawn up that she signs to say you have refunded her in full and she releases you from any further actions tied to this.


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## SmithsResurfaci (Jan 27, 2011)

Well let me add my unworthy two cents in because I agree with alot of our other contractors about knowing how to run a business and giving us contractors a bad name by scamming one client to fulfill another clients job because of no forsight in your own business or bad business decisions.I read through all three pages and I'm just wondering if there isnt some kind of addiction in the background that we are unaware of.The reason I ask is simple.

I'm a family owned and operated business.Which means my business is small enough I can count my clientel on all 5 of my childrens fingers and toes including my fiancee's and my own.How ever I have repeat business and new clientel calling every week.I dont work 5 or 6 days a week although I would like to but thats how my profession works.I do require deposits on some jobs when I have to custom order something for a tub or bathroom for someone but they pay for the item in full + the shipping and handling sending it to me.Never has a deposit exceeded 200.00 in my profession however.But the total job is 600 to 900.00 at a time.When they do place a deposit however.I call my supplier and order the product and pay for it with my credit card after I leave the clients house.When ordering custom items its hard to find another client to use it for if they cancel out and I'm stuck with a 100 to 200.00 product and out of pocket. 

The other reason I ask is because I will do a job and a good days work will bring me in close to 3k in my industry and around 15k for the month.So things tend to vary sometimes.I make sure to have product in supply and I make sure my bills are paid.As I stated before I started doing this when I could not find work and the economy was real low so I could support my family.Now that we are out of the red and I got a little extra jingle in the pockets and bank things go a little more smoother.So smooth that my fiancee likes to get out of the house once a week and wants to go to the casino nearby.Not a problem.She gets 100.00 and sometimes wins 7 or 8 but then sometimes she spends 3 or 400.00 at times. Its real easy to go through 4k if there is an outside problem we all know nothing about.Now this guy got himself in a pickle to say the least and I agree. giving us all a bad name should send him to a gillatine and strip him of any license or work ever again.But in three pages of posts,every answer seemed shady.What is hiding?


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## Tom Struble (Mar 2, 2007)

wow the guy asked a question,maybe he had nothing to do with what happened but was looking at options,how the hell does 3 paragraphs of your life story help?:blink:


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## Warren (Feb 19, 2005)

Oh great, you guys chased him off before I could get a word in. I think its all been said anyway. I wanna know about these operating costs though??????


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## Mike's Plumbing (Jul 19, 2010)

tomstruble said:


> some of you guys are vicious:shutup:remind me never to come here for advise after i screwed up:no:...really Mike?...really?


I was probably a little harsh I'll admit. But I tell ya Tom, a screw up is cutting a rafter to short, or framing out a door to wide. But this is different.

This is a prime example of why contractors are hated by so many, untrusted by HO's, This is what makes people like us have to work double time to convince HO's we can be trusted with there home.

Construction is so filled with people like this I'm quite frankly sick of it.

Mike


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## SAW.co (Jan 2, 2011)

precisext87 I think you got your answer. Like most contractors in here I struggle every month just to pay my bills & run an HONEST business. So it is no wonder that some of us feel a little outrage when hearing of businessmen like you. I'm sure you had all good intentions & didn't for see this problem but when you force a client to take you to court you give all of us a bad name.:thumbdown:thumbdown:thumbdown:thumbdown


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## Tom Struble (Mar 2, 2007)

Mike think about it if the guy was such a scumbag why would he come here asking advise,scumbags usually just don't care what anyone thinks

we don't know the story,maybe it was his son or someone else that put him in between a rock and a hard place

your right this isn't like screwing up a piece of lumber,but maybe the advise he needed was from the understanding do the right thing Mike who's post ive read before...i don't know about the op but i'm kinda disappointed


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## CJA (Jan 26, 2011)

There's a difference between a scumbag and someone that is scared sh!tless about going to court. I'm sure he was hoping he had nothing to worry about.


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## Tom Struble (Mar 2, 2007)

and that makes no sence:no:


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## CJA (Jan 26, 2011)

How do you figure? I contracted a painter to paint a house for me who in return sub'ed it out himself. At the end I had him sign a lien release that stated he had paid all his vendors/suppliers in full, and he tried to "F" his sub out of $1,500 bucks. His sub was threating my job with a lien. I had to inform I would be taking my contractor to court if I got a lien on my job because he screwed his contractor. He short-changed the job and was trying to make his sub pay for it at the risk of my job. He was a scumbag and only had a change of heart after I had to threaten court.


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## Mike's Plumbing (Jul 19, 2010)

You know what Tom your right, I read what I wrote and I flew off the handle. I sometimes have a small temper.

I am really angry because look how much time we spend as contractors trying to do the right thing in everything we do. 

In my career I have talked to so many homeowners who don't trust any of us. And really it's not US but rather a few who spoil it for hard working contractors.

I am still upset but I do apologize, it is out of character for me.

Mike


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## DBBII (Aug 28, 2008)

Not only would you have to deal with the fall out from a lawsuit, getting reported to you State Licensing Board is another whole issue. It seems as if the various boards don't really care if you are a lousy contractor. Workmanship is not an issue -- SCREWING WITH SOMEONE'S MONEY IS!!

My guess is you don't pay, you will lose your license, or at least have to appear in front of the Board to be asked why were you trying to steal this lady's money?


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## skyhook (Mar 17, 2007)

precisext87 said:


> 4k was a downpayment for a remodeling job. what usually happens in these situations?





precisext87 said:


> calling and rolling by of course no response. than out of nowhere she wants to cancel.





precisext87 said:


> I sold a construction job and received $4,000 down payment. after 2 months the homeowner tried canceling, (we never order job bc she was difficult to get a hold of.) long story short we used her downpayment for job ordering ect Now im trying to keep her money but i've order 5 other jobs *surpassing my credit limit *and obviously those customers down payment .
> So if we went to court how would it pan out? I want to pay her back asap but she needs to be patient.
> *btw im a llc*,
> I don't mind paying her more as compensation .





precisext87 said:


> the downpayment was used in operating expenses. the 4k got eaten up in operating costs.
> 
> im paying her back in full after these jobs go in, we did make a mistake but as compensation i wold throw interest on it as compensation.* IN court how would this play out?*


Anything you say or do, or write on the internet can be used against you in a court of Law. 
Hopefully she called the DA and reported your FRAUDULENT ACTIONS. 
Contracting without a License, excesive down payment, non performance, etc. 
That means JAIL TIME. Screw the civil stuff, can't get blood from a turnip.​


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