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Retainer fee/non performance

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Cm30170

Junior Member
What is the name of your state (only U.S. law)? Tennessee

I paid a private investigator a $500 retainer fee. I gave him all the information regarding the case. I never received a copy of the contract. He began to work on it. He provided little information after that. No real results. I don't have a problem with the lack of results. The problem I have is that the PI did not contact me or return my calls for 3 months. The original credit card charge was removed from my account because I didn't recognize the name of his co any. He had it listed as a restaurant instead of a contractual service.

Am I liable for this fee even if he didn't perform any investigative services? Should I demand a detailed list of his casework to negotiate a more respectable fee.

Thank you
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Tennessee

I paid a private investigator a $500 retainer fee. I gave him all the information regarding the case. I never received a copy of the contract. He began to work on it. He provided little information after that. No real results. I don't have a problem with the lack of results. The problem I have is that the PI did not contact me or return my calls for 3 months. The original credit card charge was removed from my account because I didn't recognize the name of his co any. He had it listed as a restaurant instead of a contractual service.

Am I liable for this fee even if he didn't perform any investigative services? Should I demand a detailed list of his casework to negotiate a more respectable fee.

Thank you
You paid an investigator $500 and then you cancelled the retainer fee? I guess I am not surprised the investigator did not return your calls.

The time to negotiate a "more respectable fee" is before you hire someone, not after you have retained their services and work has begun.

It appears to me that you are liable to the private investigator for the costs of any services he can show he performed for you - and perhaps more, depending on the wording of the contract you signed with him.

I suggest you ask the investigator for not only a copy of the contract you signed but also a detailed accounting of the work he has done, to determine better if you not only owe him the full $500 retainer fee but any additional amounts. You may wish to have it all reviewed by an attorney in your area - and contacting an attorney if the private investigator decides to sue you would be a good idea, as well.
 

Cm30170

Junior Member
He stopped returning my calls before the credit charge was cancelled by my credit card company. I didn't even know it had been cancelled until HE called me about it. The charge from him was listed as a restaurant so we mistook it for a fraudulent charge. It was then I questioned his not calling or responding to my calls for several months. I have asked for a detailed listing of charges and contract from the beginning and he is not forthcoming with the information.

I have not refused to repay the fee since the mistake was from my credit card company. But I do think I am entitled to more details before allowing him to resubmit the charge in full
 
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quincy

Senior Member
He stopped returning my calls before the credit charge was cancelled by my credit card company. I didn't even know it had been cancelled until HE called me about it. The charge from him was listed as a restaurant so we mistook it for a fraudulent charge. It was then I questioned his not calling or responding to my calls for several months. I have asked for a detailed listing of charges and contract from the beginning and he is not forthcoming with the information.
How long after you paid the investigator the retainer fee was the charge cancelled by your credit card company? What did the investigator say when he called you?

Your credit card company decides what are fraudulent charges and what aren't, or was this your mistake in not recognizing the $500 amount as the amount you paid the investigator?
 

Cm30170

Junior Member
How long after you paid the investigator the retainer fee was the charge cancelled by your credit card company? What did the investigator say when he called you?

Your credit card company decides what are fraudulent charges and what aren't, or was this your mistake in not recognizing the $500 amount as the amount you paid the investigator?

The retainer fee was charged in late March-April. It was removed in May. The charge was removed because I did not recognize it as the PI charge. He has it charged under the name of a "restaurant." The credit card company asked if that was a place I had visited and I said no. I didn't recognize it as the PI charge. I didn't realize their was a problem until PI called tonight. When he told me he listed his charge as that "restaurant" I figured out what had happened.

When the PI called he immediately threatened me with court action. I had no idea what he was talking about. Yes I had a problem with the lack of contact but I had not refused payment or disputed this charge. I quickly put the pieces together. I asked for a detailed list of services and a contract before I will agree to let him resubmit the charge.
The conversation ended with both of us willing to talk about this in more detail tomorrow. I want to know what my options are before talking to him again.
 
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quincy

Senior Member
The retainer fee was charged in late March-April. It was removed in May. The charge was removed because I did not recognize it as the PI charge. He has it charged under the name of a "restaurant." The credit card company asked if that was a place I had visited and I said no. I didn't recognize it as the PI charge. I didn't realize their was a problem until PI called tonight. When he told me he listed his charge as that "restaurant" I figured out what had happened.

When the PI called he immediately threatened me with court action. I had no idea what he was talking about. Yes I had a problem with the lack of contact but I had not refused payment or disputed this charge. I quickly put the pieces together. I asked for a detailed list of services and a contract before I will agree to let him resubmit the charge.
The conversation ended with both of us willing to talk about this in more detail tomorrow. I want to know what my options are before talking to him again.
Because you have paid the investigator nothing, it appears to me that you are not really entitled to anything from him.

You retained the investigator's services for $500 and he started work for you. Then you took the $500 back. He can sue you for his time and expenses and anything else the contract you signed allows for.

Before you speak with the private investigator tomorrow, I suggest you speak with an attorney in your area.
 

quincy

Senior Member
There is no signed contract. He never sent it to me.
There is no contract at all? You never saw a contract and never signed a contract? You just gave the private investigator $500 and your documents and said "Investigate?"
 

BL

Senior Member
There is no contract at all? You never saw a contract and never signed a contract? You just gave the private investigator $500 and your documents and said "Investigate?"
Why would the charge be under a resterant?

Don't make no sense .This post don't either.
 

TheGeekess

Keeper of the Kraken
Why would the charge be under a resterant?

Don't make no sense .This post don't either.
Because he's a private eye. If a spouse is watching their spouse who still has access to the credit card bills, would you want to see a restaurant or a private eye listed? :cool:
 

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