Got granite counters, sued for poor job, won, now contractor might sue for granite.

[Devante]

What is the name of your state (only U.S. law)? California

Hiya. Long time listener, first time caller.


I'll try to make this as brief as possible.

I hired a man with a business license installing granite to replace my counter tops with granite for about $2,700.
He did a very poor job, even admitting himself that it was so bad (huge seams, improperly cut, etc) that he'll need to come back and fix it.

He never came back, I contacted him and requested that if he not fix his poor job, then please refund $600 so that I may get it fixed. This is how much I researched it would probably take to fix it.

He said he wouldn't pay a dime nor fix the counters so I sued him and won. Twice.
The first time went pretty much as I expected. I took pictures, documented all the problem areas, and basically was well prepared and simply showed the judge the problem areas. The other guy was 45 minutes late, not really prepared at all, and in the end lost entirely and was ordered to refund the entire sum.

He appealed, missed the court date, attempted to say he didn't know when the court date was, but still the judge upheld the ruling.

His bonding agency paid me promptly and apparently he didn't pay them because they sent me a letter saying they revoked his business license.

This was about a year and a half ago that he installed the counters and I got my payment in Oct. 2011.

Yesterday I received a letter from his lawyers that basically said their client has been thinking about suing me for his material (the granite counters) and requests I send him my counters or else he may sue. This letter basically was telling me he was thinking about suing and nothing more. Oh and I have 10 days to respond directly to the guy who installed the counters.

So now my question is what should I do?

I wonder if I should simply ignore him or if I should carbon copy a letter to both him and his lawyers and if so what should I say?
I feel as if I gave him ample opportunity to make things right and he refused and didn't even care enough to come to his own appeal.

Thanks for any advice and thanks for the website!

 

[Zigner]

I would ignore this letter. The matter has been settled already.

 

[Mass_Shyster]

Yesterday I received a letter from his lawyers that basically said their client has been thinking about suing me for his material (the granite counters) and requests I send him my counters or else he may sue. This letter basically was telling me he was thinking about suing and nothing more. Oh and I have 10 days to respond directly to the guy who installed the counters.

That sounds fishy.

I suspect there is no lawyer involved, but I'm a pretty suspicious person to begin with.

I suggest contacting an attorney yourself, and having your attorney write his attorney telling him to pound sand. Your attorney is prohibited from directly contacting someone who is represented by counsel. That means he will have to pay the attorney to read your attorney's letter.

Or, you could write a letter yourself telling the lawyer that the matter has been fully and finally adjudicated, and that you have no intention of paying him.

 

[Zigner]

That sounds fishy.

I suspect there is no lawyer involved, but I'm a pretty suspicious person to begin with.

I suggest contacting an attorney yourself, and having your attorney write his attorney telling him to pound sand. Your attorney is prohibited from directly contacting someone who is represented by counsel. That means he will have to pay the attorney to read your attorney's letter.

Or, you could write a letter yourself telling the lawyer that the matter has been fully and finally adjudicated, and that you have no intention of paying him.

Or he could ignore the letter this time around. Much cheaper.

 

[Devante]

Only thing I'm worried about is that if he does indeed sue and I didn't answer, it seems to me that he'll be able to say that he tried to do me a courtesy beforehand and I ignored him.

 

[Zigner]

Only thing I'm worried about is that if he does indeed sue and I didn't answer, it seems to me that he'll be able to say that he tried to do me a courtesy beforehand and I ignored him.

It won't matter. Even IF he had a valid cause of action against you (he doesn't seem to), failure to negotiate is not held against you.

 

[tranquility]

I agree with Stevef. While there is not an actual representation at this time, it is unlikely an attorney would have an adverse party contact his client directly. It smells like fraud. Also, I agree with Zigner, this seems like it has been settled. If another suit comes up because of the same facts or occurrence, I'm thinking it might be malicious prosecution. The claim for the granite should have been made in the original suit.

I don't know if I'd toss the letter, but I do know I wouldn't worry until I saw the complaint. Then, I'd get an attorney.

 

[BL]

I agree with Stevef. While there is not an actual representation at this time, it is unlikely an attorney would have an adverse party contact his client directly. It smells like fraud. Also, I agree with Zigner, this seems like it has been settled. If another suit comes up because of the same facts or occurrence, I'm thinking it might be malicious prosecution. The claim for the granite should have been made in the original suit.

I don't know if I'd toss the letter, but I do know I wouldn't worry until I saw the complaint. Then, I'd get an attorney.

Many times folks go to an Attorney , or an Attorney they may know and either pay a small fee , or no fee for the Attorney to send a letter out in hopes of getting result(s) for that person.

Perhaps that's what happed , or there's really no lawyer .

See if the letter has an Attorney's letterhead on it ,and check the online white and yellow pages to see if the lawyer is listed.

Either way ,I would not respond .

If by chance you are taken to court ,bring you judgement(s) with you.

 

[Mass_Shyster]

Or he could ignore the letter this time around. Much cheaper.

I agree, however if OP received a full refund from the bond company and only spent $600 repairing the counter, OP has an extra $2100. Plenty to pay a lawyer to write a pound sand letter.

 

[Devante]

Thanks for the advice, everyone.

I checked an old letter his lawyer sent and it also says to contact the contractor directly.
So then I started thinking this might be one of those pre-paid legal companies and looked them up and sure enough it is.

It's a pre-paid legal firm out of L.A. and we're near Fresno; five hours away.

I've decided that I will carbon-copy a letter to both and simply say "The matter has been resolved in court. Twice. Thank you. Sincerely..." and leave it at that.

Again, thanks for the advice and actually this small thread has taught me at least two things!

 

[Mass_Shyster]

Thanks for the advice, everyone.

I checked an old letter his lawyer sent and it also says to contact the contractor directly.
So then I started thinking this might be one of those pre-paid legal companies and looked them up and sure enough it is.

It's a pre-paid legal firm out of L.A. and we're near Fresno; five hours away.

I've decided that I will carbon-copy a letter to both and simply say "The matter has been resolved in court. Twice. Thank you. Sincerely..." and leave it at that.

Again, thanks for the advice and actually this small thread has taught me at least two things!

I wouldn't send the contractor the letter. I'd send it to the legal company, and make the contractor pay for the answer. You can be nice and send the contractor a note indicating you will only deal with his attorney, and that the you sent your response to the attorney.

 

[Devante]

Oh good idea. I'll let you guys know what happens.

 

[sandyclaus]

to make it easy for you, you must seek for a professional assistance.

That seems to be your boilerplate answer to ALL the threads you keep replying to. Have you NO helpful advice or experience to contribute? Then please don't waste your time dredging up the resolved threads.

 

[TheGeekess]

That seems to be your boilerplate answer to ALL the threads you keep replying to. Have you NO helpful advice or experience to contribute? Then please don't waste your time dredging up the resolved threads.

Proven spammer, sc.

 

[sandyclaus]

Proven spammer, sc.

Yup... He hit up "that other board" before this one... <SIGH>