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Breach of contract

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Old May 18, 2010 | 12:24 AM
  #31  
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Problem is that those that stand to make money are going to start making sure they are enforced......economy is slow now so home inspectors are looking for ways to drum up work.
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Old May 18, 2010 | 07:17 PM
  #32  
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Well, we sat down for a pretty brief conversation this evening.

He had his numbers of how much more he would need to finish the building and reassured me that it couldn't be done for the amount that we agreed on. I gave him pictures of the competitors sign that showed that it could ... and let him know that it really doesn't matter if anyone thinks it can or can't be done for that much .... he quoted the price.

He wanted a couple days to work on the deal to come up with some way to do it for that much. I formally fired him at that point and showed him what I expected back in refund .... and the door.

Giving him until Thursday to come up with the money before I contact the judge on Friday.

Cheers,
PISTOL
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Old May 18, 2010 | 10:50 PM
  #33  
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From: hills of cali forn ya
Wink

not to have you toss and turn at night over this sooooo keep this thought in the back dusty corner of your mind...

ask the lumber yard if he ordered anything else, any second project coming up JUST to make sure you get your owed money.

should that info be solid, you can show up at the site with a deputy to confiscate any and all material. he has to prove it was not your money that bought it and it won't be released until you are paid. theft of service statute believe it or not. kind of like stolen goods- everything freezes with you getting first dibs on payment. misappropriation would be relegated to civil Court and waste everyone's time.....

I truly hope that this goes well and no further worries beset you or your family. firm and honest in dealing with someone who hasn't been, makes them want to stay clear of you. no worries of retaliation...

enjoy the shop, make really cool things!
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Old May 19, 2010 | 05:22 AM
  #34  
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That's a great idea ... I hope it doesn't come to that. But, if it does ... I have a couple neighbors who are constables (one I work with) who might lend a hand.

Cheers,
PISTOL
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Old May 19, 2010 | 11:36 AM
  #35  
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^^^^Agree, make sure if any credtiors come to you they are only charging you for material on your job. I had both a mechanical and electrical sub go under on me during a school job. In both cases, I had suppliers trying to charge me the total of what the subs owed. (not just what had been supplied to my job). When I called them on it they backed off their total claims. Be careful.
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Old May 19, 2010 | 05:30 PM
  #36  
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Will do ... and thanks for the advice !! Greatly appreciated.

Cheers,
PISTOL
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Old May 24, 2010 | 03:48 PM
  #37  
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Update .... the guy never contacted me and now won't answer the phone. My wife talked to the local judge and now we're trying to find the guys physical address (only has a PO Box on his business card) to have a registered letter notifying him of the need to pay w/in 10 days of receipt.

Found out that we can go for up to $10,000.00 in small claims court here in Texas. More than enough ....

Cheers,
PISTOL
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Old May 24, 2010 | 04:16 PM
  #38  
Lary Ellis (Top)'s Avatar
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Give me his number and I will call and tell him I have a rental property there that needs some work on it, I will ask for an address so I can send him a copy of the plans to give me a bid
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Old May 24, 2010 | 06:50 PM
  #39  
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Can you go to the post office with your buddy constable and get a look at the form filled out for the po box?Does he still have the po box,if so when does he pick up the mail?Do you have a description or and plate of his vehicle and can you run it at the dmv?Call Guido in Chciago.
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Old May 24, 2010 | 07:00 PM
  #40  
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From: hills of cali forn ya
Originally Posted by Lary Ellis (Top)
Give me his number and I will call and tell him I have a rental property there that needs some work on it, I will ask for an address so I can send him a copy of the plans to give me a bid
LOL poor contractor won't know what to do with 300 deisel trucks homing in on him....tsk tsk.

actually the justice can issue (upon your complaint) a duces tecum order to present the physical address document to the Post Master. no big deal for anyone other than the debtor. good luck and wish I could sit on the fence for the hoedown...
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Old May 24, 2010 | 09:11 PM
  #41  
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Originally Posted by PistolWhipt
Update .... the guy never contacted me and now won't answer the phone. My wife talked to the local judge and now we're trying to find the guys physical address (only has a PO Box on his business card) to have a registered letter notifying him of the need to pay w/in 10 days of receipt.

Found out that we can go for up to $10,000.00 in small claims court here in Texas. More than enough ....

Cheers,
PISTOL
It's not getting the judgment against him that is hard......it's collecting it. You need to find out what tangible property he has so you can file againt it.......you also need to file an intent to file lien letter now so you don't loose your lien rights........it may cost you $200.00 bucks for an Attorney to do it, but you won't loose your rights.
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Old May 25, 2010 | 07:11 AM
  #42  
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Originally Posted by Lary Ellis (Top)
Give me his number and I will call and tell him I have a rental property there that needs some work on it, I will ask for an address so I can send him a copy of the plans to give me a bid
Phone conversation
Hello sir, I have this vacant lot in the middle of nowhere, I want to build a new house on. Would you like to come give me a bid? You would? Good, just look for all the diesel trucks parked there. They're just gonna help me start clearing all the trees.... you'll notice them all carrying axe handles too
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Old May 25, 2010 | 01:05 PM
  #43  
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Hahahaha ... "Roundin' up the posse !!!"

Wife has been doing her own detective work and found some other business names that this guy operates under. Also found him on Facebook ...

Should have no problem locating him ... but like annabelle posted ... he needs to have some blood before I can squeeze it out of him.

Although the thought of a beat-down did cross my mind ....

Cheers,
PISTOL
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Old May 25, 2010 | 01:18 PM
  #44  
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Sometimes, I wish my internal ethics allowed for baseball bat justice. I guess I have mellowed with age.
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