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I need opinions/advice A.S.A.P.....Family Feud

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catchfish247

Guest
What is the name of your state? Kansas

Back in Jan. of '04, my step-father helped my wife and I re-model our living room. He said he would help when he could, stopping by after work and in the evenings. I provided all materials and offered to pay him. He repeatedly refused and said don't worry about it, it'll just be some work on the side. It took approx. 2 months to finish the majority of the work. April comes around and we have a HUGE family disagreement revolving around the actions of my step-father. A few more months go by and I receive a letter in June from his attorney stating I have 1 week to put some specific items in his attorneys truck for payment of the work he performed. The attorney would deliver the items personally. (The attorney and plaintiff are great friends and trade work for legal services.) He said if I didn't provide the items, that I had no choice and the plaintiff would sue for the total amount of the work provided. I attempted to call his attorney the same day and he wouldn't talk to me. He then sent another letter (the same day), stating he knows I contacted his office regarding this matter and he said he didn't think it was appropriate for him to talk to me. I called a total of 4 times, leaving messages each time, and he refuses to talk to me. I am not represented by council and he CAN talk to me. In addition, my step-father is screening his calls and will not allow me on his property. So now, the attorney will not talk to me and I cannot see the plaintiff. I am willing to pay the items to end this, I just can't get a hold of anyone. Then, I receive a suit at the end of July stating the plaintiff is suing me for $7,515 for materials and labor. It says I refused, neglected, or failed to pay the items in question, now the plaintiff wants money. O.K.....now here's where I stand. I never signed any bill, estimate, or contract of any type. I've provided ALL materials, I did approx. 80% of the labor, I have witnesses stating they heard me offer him money numerous times and each time he refused, I have pictures of the remaining work he left undone and the mess he left behind, I am trying to get an estimate for the labor(only) he performed, and I have the letters from his attorney stating he knows I tried to contact him and he refuses to talk to me. I believe he may have drawn up a fake bill for his attorney, but I'm not sure. Even if he did, I haven't seen it. I have a hearing set in 2 weeks and I have to represent myself. I am looking for any advice or opinions on what my chances are or what to do next. Sorry for the long description.

Thanks for your time,
I look forward to hearing back from you soon.
 


rmet4nzkx

Senior Member
He has the burden of proof.

You just keep gathering your evidence and witnesses, non family members not involved in the conflict are good if you can get them. Receipts for materials, Letters, lists of your attempts to contact the attorney and/or your FIL, bids for the total job and what it will take to finish his work, pictures etc. Be prepared to return any tools left behind. Counter sue if you have reason. Good Luck
 
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catchfish247

Guest
Thank you

Thank you, rmet4nzkx, for taking time to read and respond. I will keep doing my homework but I think I've got about all the evidence I can get. I hope it's enough. He's just trying to cause problems and he's using his attorney friend to do it. Please keep in touch if you have anymore ideas.
 
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catchfish247

Guest
"specific items"

The specific items I'm referring to are mine. They're just a few things he's been wanting for years. He would mention them once or twice a year but would never be serious enough to actually get them. Now I think he's just using them as leverage to cause problems. He's been wanting them for about 10 years, so he's never been to terribly serious about getting them. Thanks for your response and please keep me informed with any info.
 

BL

Senior Member
catchfish247 said:
The specific items I'm referring to are mine. They're just a few things he's been wanting for years. He would mention them once or twice a year but would never be serious enough to actually get them. Now I think he's just using them as leverage to cause problems. He's been wanting them for about 10 years, so he's never been to terribly serious about getting them. Thanks for your response and please keep me informed with any info.
The reason I ask, is I think it inappropriate that a Lawyer even contact you with such a ridiculous offer. On top of that stating he will pick them up and you can put them in his truck.

Get proof you paid for the materials, Estimates of what it would cost to finish the Job, and have them note what they would have charged for the Labor only.

Take pictures of the unfinished work,Etc.

He may win on the Labor he has preformed , but If he's bringing the Suite , he would have the burden of proof.

My guess is the Judge will do some rough Justice and give him something for the work he did .

You did say he said " It's something I can do on the side ". That could be interpreted, he planned on being paid for it .

But who knows. Just go prepared .
 
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catchfish247

Guest
ridiculous offer

Thanks for your response. I agree with the ridiculous offer. He might have thought he was going to get paid but he told me his main job came first and he would help me on the side when he got a chance. We never discussed a price for his work and I continuously offered him money(in front of witnesses) and he always refused. Of course, that was when we were getting along. Now that he hates me, he's using his attorney friend to throw his weight around. The plaintiff and his attorney are great friends and he's probably doing a favor. I just can't believe even this attorney would agree to this when it seems to me to be such a one-sided case. Thanks for your time.
 

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