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Mystery customer threatening lawsuit

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sidlestar

Junior Member
Florida.
I own and operate a small automotive repair shop. We have only been in business for about six months but we do everything by the book. We are registered with the state and the county and keep records of every job we do. As required by the state we have Estimates and Invoices that customers sign, which are filed when the job is completed.

Yesterday I received a letter at my home along with a notification of a certified letter waiting at the Post Office from an attorney regarding a customer who I have no record of. The letters claim that his client brought his vehicle to my shop to be repaired and that I took it to my home and damaged it so it had to be repaired at another shop. The letters do not say what he came to our shop for or what damages we did to his vehicle. The letters also say that a copy of the invoice from the other shop was included but it wasn't in either one. This man wants $600 and an additional $75 for the attorney who wrote the letters or he's threatening to file a lawsuit. Aside from the fact that we have no idea who this man is, the letters came to my home and not to my business. I am listed in the phone book and so is my business but the business listing only shows my physical address, which has no mail delivery. The business cards that I give to everyone who will take one includes my business mailing address and it's also on our Estimates and Invoices.

I guess my question is, how should I respond to this? Do I call this attorney and ask for his client to provide more information or write him a letter? Every job we do has either an Estimate, an Invoice or both and they are numbered. We have done this since we opened because it is the law. I have never had any reason to take a vehicle to my home as all of my tools are at my shop. I have turned down a couple of jobs that I felt would be too much for me to do and I suspect that this man might be someone I turned away who is angry that he had to end up paying more someplace else. My labor rate is posted on the wall of my shop and is a little more than half of what the other shops charge because I'm new and trying to build a customer base. Since I haven't been open for that long I know that I would remember an unhappy customer and no one has contacted me about this until now. Can this person actually sue me with no paperwork? I've looked through all of my files and every Estimate and Invoice is accounted for. Can this man sue me without any paperwork? This would cause me to have to hire an attorney and lose time from my business which is what I'm thinking he wants. Thanks.What is the name of your state (only U.S. law)?
 


Some Random Guy

Senior Member
Send the lawyer a letter denying the facts of the case without going into much detail. something simple like, "Based on the limited information presented, XXX Inc. is not able to determine that your client ever was our customer or even contacted our shop."

Don't add in extra facts like never taking vehicles to your home or always providing estimates.

If they are serious, then they will follow through with more information or a lawsuit.

Keep copies of all correspondence.
 

sidlestar

Junior Member
Thank you, I will do this. Should I provide this attorney with my business mailing address or let him continue to use my home address? I think the fact that his client doesn't know my business mailing address might be important if the case goes to court. Do you think it would be or no? Also, would it help if I mentioned filing a countersuit for my damages if I am sued? Thanks again.
 

Zigner

Senior Member, Non-Attorney
Don't get in to things like that. You're a layman playing with an attorney. Keep it simple until you find out what's really going on.
 

sidlestar

Junior Member
OK, thank you. I will take your advice because I'm not a lawyer.

One last question. These letters came addressed to me d/b/a the company name. We're a sole prop. company and actually my wife is the owner. I don't know what I am. I do the work but I don't receive a pay check because we're not making enough to pay me. Do I let this attorney to continue to focus on me or should my wife send the letter? Would it matter if they sued the wrong person since I'm not the owner?
 

Some Random Guy

Senior Member
Do not give them any more information than is needed. Do not explain your corporate structure. Do not offer your wife up as the person to sue. Do not tell them anything that will make them look any less incompetent in their next letter.
 

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