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  #1  
Old 04-10-2008, 04:42 PM
Member
 
Join Date: Aug 2007
Posts: 36

How do I answer this summons?


What is the name of your state? WI

Hi all, and thanks in advance for any help.

I am a small one man carpenter. I have an account with a local lumberyard (BB)that I charged around $10,000 of windows on to for a window replacement job here in town. These windows were going into a property that has a duplex and a single family home, (two houses one lot) 55 windows total. I have all the windows installed except the single family which has about 9 windows. Those windows are sitting in the garage on the property. I cannot install these window yet as the house was totally gutted for remodel and it is not to the point where I can do so. The guy that hired me (RH) is a good friend that bought the house on a land contract from (JS). He tells me that he simply has not recorded the deed yet...he is a real estate agent. I do not have a written contract with RH.

BB is suing or complaining , what ever they did to make me get a summons and complaint of:

Count 1: Foreclosure of construction lien
*saying that sale is free and clear of the mortgage company and JS

Count 2 Fraudulent Misrepresentation --RH
*saying that RH represented to me and BB that he was the owner, this was false, he is not tittle owner, it was intentional and accepted a 60 day lien knowing he wasn't the owner, he made this rep knowing that it would limit BB's rights to lien.

Count 3 Unjust enrichment
*saying that JS received enrichment without having to pay for it

Count 4 Contract claim -- Me
*saying I was contractually obligate to BB to pay for windows i installed o the property and BB seeks to enforce this contract

WHEREFORE BB demands judgment as follows:

A. Determine lien rights and priority

B. The property be sold to satisfy construction lien, free and clear

C. Judgment against RH for fraudulent conduct plus costs and punitive damages for his intentionally tortious conduct

D. Judgment against JS for unjust enrichment in amount of lien and costs

E. Judgment agains Me on the contract claim in the amount of the lien claim plus costs

F relief as the court deems just

**end**

Most of which none of this makes sense to me, not to mention chapter 802 of Wisconsin statutes where I guess I am supposed to read and find out what my answer is.
But, what question are they asking that they want an answer from me?

Any help would be greatly appreciated, I realize that BB is due the costs of windows from me, but obviously I can't pay them until RH pays me, which I only squeezed $2000 out of him for labor. So what do I answer?

As a note, the other day RH did go into BB to pay the window bill but they wouldn't accept his payment by credit card, which they only do at first purchase they said, I think RH kind of put BB in their place and they ended up calling him a "f**ker" and threw him out. To which RH called the sheriff and had him stop out for disorderly conduct. I don't know what happened with that. I have a pretty good relationship with BB and explained to him that I can't possibly pay BB with out payment from RH, (I am not set up for credit cards). He said he understands but this is business. What do I do, I definitely don't want a judgment on my record am I stuck as a middle man and just have to take my medicine, will I have to pay money out of my pocket for this mess?

Thanks again.
  #2  
Old 04-10-2008, 04:50 PM
Senior Member
 
Join Date: Jul 2005
Location: Missouri
Posts: 3,808
Getting set up to take credit cards is pretty easy.

Perhaps you should talk to an attorney.

DC
__________________
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OP needs counseling...not a court house. --Zigner
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