# Received a demand letter



## Irishslave (Jun 20, 2010)

Sounds to me like these people just want money. If you offer to remedy and they say no what other conclusion can you draw? I'm still missing some facts but I can tell you if this _lawyer_ is serious he will try to get you to settle every step of the way if he files suit including a consent judgement right before trial when they really think they have you on pins and needles. I've seen people myself included hold their ground at this point and the plaintiffs lawyer withdraw. Which means they were using the system to scare into consent. Judges know this chit and do nothing about it. Lawyers typically don't like to go to trial because it's a lot of time and effort for them and if there's the slightest chance they'll lose they really aren't interested


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## dayexco (Mar 4, 2006)

i think every town should line up all their lawyers against a brick wall.

tell them that 80% of them will voluntarily disbar or we'll start shooting til we get that number.


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## Stryker1-1 (Dec 25, 2017)

Kind of like the belko experiment


dayexco said:


> i think every town should line up all their lawyers against a brick wall.
> 
> tell them that 80% of them will voluntarily disbar or we'll start shooting til we get that number.


Sent from my SM-G870W using Tapatalk


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## Stryker1-1 (Dec 25, 2017)

What you should do is when you counter sue start naming John Doe 1 2 and 3 and claim these are the contractors they attempted to get to do the job before offering it to you and you will need them to give up that info to plead your case.

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## floorguy72 (Aug 8, 2018)

Say what??? Lol great more legal fees


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## AustinDB (Sep 11, 2006)

I'll have to look into the Belko Experiment. 

another good one is the Kovak Box.


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## SuperiorHIP (Aug 15, 2010)

Couldn't remember where I heard that line before...found it!


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## Irishslave (Jun 20, 2010)

floorguy72 said:


> Say what??? Lol great more legal fees


Look you came on here looking for advice and we have attempted to provide you with alternatives. You are new here and have an extremely low post count for all we know you could be a lawyer trolling to see how contractors feel about the legal system. 

If you're worried about legal fees just toss your hands up, pull down your pants and consent. You'd think your reputation and principle would be worth cutting a check for. If you fight right they might have to pay you


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## madrina (Feb 21, 2013)

HELL NO DONT PAY IT!! First of all, what is the manufacturer of the material? look up the exact product and read on the specs if you need to acclimate the material. Not all of that crap needs to be acclimated. 2nd where is the customer's house? like what city? if you arent in a coastal area like beaumont, i wouldnt worry too much about acclimation. 3 where did you buy the material? call them and see if they stock it. and where they stock it. 4 did they happen to paint or do any sheetrock work around the time of the installation? 5. how much of a expansion did you leave? is it a pier and beam house? did you use a vapor barrier? 

that sounds like a manufacturers defect. If you really don't feel like it is your fault DONT LAY DOWN. To hell with that. of course the manufacturer is going to deny it the first time. did anyone come out and inspect it from the manufacturers? 

Do you want to see the Return to the demand letter I sent my customers attorney? I never heard from them again! This guy screwed me royally and planned on screwing me.. I just didn't see it coming until it was too late. he owed me 16 grand and sent me a demand letter full of absolute chit. Some people are just assholes


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## madrina (Feb 21, 2013)

...


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## madrina (Feb 21, 2013)

Harber said:


> But the damage isn't to the house. It's to the floor. It's a bad job done (no offense, not your fault necessarily, man...), not damage due to the job, ya know?


how did we decide it was the ops work that caused the floor to fail? ive laid a floor or two and ya snap the crap together and viola! unless he hammered the hell out of it or broke the edge off of them and just laid them next to each other, i can't imagine how it was his fault. 

Buuuuut, i also cant imagine how anyone who felt it wasnt their fault would even consider defeat. 

do you have any pics you can post of the work or the floors?


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## madrina (Feb 21, 2013)

floorguy72 said:


> Insurance already rejected it, despite the material not being mine, it was still considered part of the work. I didnt install air. And the letter was from an attorney.
> 
> I responded reiterating that'd I work with them on it, but they rejected it and said its money or trial.


Annd this is why attorneys exist. You pretty much screwed yourself IMO by offering to meet in the middle.. thats like accepting responsibility.


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## madrina (Feb 21, 2013)

Irishslave said:


> Also this _lawyer_ really has no right to demand money until he has a judgement. That's why I say it's BS


A demand letter is required to be sent preceding any suit of this nature.

it is often used as a scare tactic but is the required step before getting sued.

let me ask you this... Did they pay you for this work?


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## madrina (Feb 21, 2013)

floorguy72 said:


> So you’d spend potentially 5 figures to avoid it? I’ve got a storefront and an image that I can’t simply fold.


YOU ARE GOING TO HAVE TO SPEND 5 GRAND NO MATTER WHAT IF THEY SUE YOU. YOUR ONLY AMMO AT THIS POINT IS TO COUNTERSUE BECAUSE THAT FORCES THEM TO HAVE TO DEFEND THEMSELVES TOO. SO NOT ONLY ARE THEY SPENDING A FEW GRAND TO SUE YOU, NOW THEY GOTTA SPEND 5 MORE TO DEFEND THEMSELVES FROM YOUR COUNTERSUIT. ITS THE WAY OF THE WORLD. SLAP SLAP. WAKE UP BOY. FIGHT FIRE WITH FIRE. 

Well, I guess you are doing your due diligence in figuring out what to do. and btw I'm on page 2 now. I'm sure you are loving all the comments I've left. but irishslave is giving you damn good advice so far. id take his advice unless its too late.


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## madrina (Feb 21, 2013)

Irishslave said:


> I agree with everything except giving it a shot on your own. They'll screw on procedure. 1 wrong answer on 1 interrogatory is enough to screw you. Plus if you are representing yourself in a trial the first thing they do is put _you_ on the stand. Who's going to object to unfair questioning? Rules of procedure may not permit the witness to object. Judge don't care.
> 
> When your ass is on the line...always hire a squire


i dont believe you are allowed to represent yourself in court if you are an LLC. and you got to be a grade A idiot to represent yourself in civil court if you didnt even think about filing a countersuit before it was mentioned here. They dont take that chit lightly. Its serious business and they will scoff at your attempt right before they eat you alive. DIY ATTORNEY. LOL OH GAWD. THATS THE FUNNIEST THING I SAID ALL DAY.


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## madrina (Feb 21, 2013)

Im done reading all the posts now. we need some answers before we can assist you further. 

If you are all out of options... I would question why they paid you for the work if they were so unhappy with it. if they didn't pay you, how can they sue you? do you even have a contract with this customer? it doesn't matter to me I'm just asking. I've done lots of work without contracts. it's not a good idea but I've done it and not had a worry in the world about whether i was going to get paid or not. Only had a problem 1 time and that was the guy who sent me the demand letter. anyway. id still like to beat that guy's aSS and i will if i ever see him again. i wouldnt care if i ran into him in church... id be like "sorry Jesus! but i have to"


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