What is the name of your state (only U.S. law)? TN
I hired "John" franchise company to install tile (called the company). Two people came to my house, one worked, another appeared to be a manager. No contract was ever mentioned, everything verbal. Estimate was given (800), agreed, the guy started working, bought some supplies. In the end of the first day, he asked me to pay partly his supplies, I gave him $25 check. He left. In 10 min, I am receiving a phone call from "John" - make sure you do not pay the guy anything personally, only to "John". I said -well, too late. They said - it is ok, will be subtracted from the final cost. When the tiles were put, it was very uneven, un. The manager said right away - yes, this is bad. However, they did not feel they should compensate me for the tile. They insisted that I shall buy new tile and they will do it again. As I did not agree, they stopped talking to me, I sent a letter RRR and a fax, then I am receiving a letter - we never worked for you. If you sue us and lose, we file malicious persecution.
I had to hire other company to cut out the walls (the tile was glass, could not be removed other way), put new walls, bought new tile, had it installed. Then I went to sue "John" pro se. The owner comes, the guy who worked and named as second defendant does not. The manager subpoena - not served, allegedly he left the state (the owner's lawyer said to the judge). The owner says - "I do not know this lady. That guy she gave $25 check to - he is my contractor, but he works on his own too. He must have worked for her on his own "(this is a poor guy who as turned out did not have experience). "So what if she says she called my company - my receptionist does not recall." I called them 100 times. The judge dismissed the case against the owner saying I have no proof that they worked for me. I asked to dismiss the entire case and filed an appeal (actually, for trial de-novo). Is there any recourse from such franchises that hire contractors on 1099 and then blame them and do not take responsibility? What can I do short of finding this manager guy and deposing him?
I hired "John" franchise company to install tile (called the company). Two people came to my house, one worked, another appeared to be a manager. No contract was ever mentioned, everything verbal. Estimate was given (800), agreed, the guy started working, bought some supplies. In the end of the first day, he asked me to pay partly his supplies, I gave him $25 check. He left. In 10 min, I am receiving a phone call from "John" - make sure you do not pay the guy anything personally, only to "John". I said -well, too late. They said - it is ok, will be subtracted from the final cost. When the tiles were put, it was very uneven, un. The manager said right away - yes, this is bad. However, they did not feel they should compensate me for the tile. They insisted that I shall buy new tile and they will do it again. As I did not agree, they stopped talking to me, I sent a letter RRR and a fax, then I am receiving a letter - we never worked for you. If you sue us and lose, we file malicious persecution.
I had to hire other company to cut out the walls (the tile was glass, could not be removed other way), put new walls, bought new tile, had it installed. Then I went to sue "John" pro se. The owner comes, the guy who worked and named as second defendant does not. The manager subpoena - not served, allegedly he left the state (the owner's lawyer said to the judge). The owner says - "I do not know this lady. That guy she gave $25 check to - he is my contractor, but he works on his own too. He must have worked for her on his own "(this is a poor guy who as turned out did not have experience). "So what if she says she called my company - my receptionist does not recall." I called them 100 times. The judge dismissed the case against the owner saying I have no proof that they worked for me. I asked to dismiss the entire case and filed an appeal (actually, for trial de-novo). Is there any recourse from such franchises that hire contractors on 1099 and then blame them and do not take responsibility? What can I do short of finding this manager guy and deposing him?
