Bankrupt business filed Civil Suit against me

[camelot7]

What is the name of your state? Tennessee
Appoximately two years ago I did business with a local florist shop for our Church. I spoke to the owner and was given a verbal quote for work that I wanted done. I recorded the prices for my own records on the day the quote was given. The owner began the work (which was quite extensive) but it took appoximately 8 months to a year for the work to be complete due to many reasons given by the owner. I offered many times to go ahead and make payment to the shop; however the owner refused payment until the work was complete. After many phone calls to the owner I was finally able to get most of the work completed, but not really to my satisfaction; but I had to get the work completed. I never received a bill from the owner. She in fact called me and asked that I send her a copy of my records! I did not do this, I felt that she should have her own record. Several months later, I noticed that the shop was closed and then noticed in the newspaper that the shop had filed bankruptcy. I'm sorry, I don't know which kind. At any rate, she is now filing suit against me because I did not reply to a certified letter she sent to me in November of this year. My question is this: Is she able to collect from us now after the business is bankrupt? And if payment is due, wouldn't it go to the bankruptcy court? Thanks for a reply, my court date is 1/10/07. Should I just call her and work out a deal or do I have a good case against her?

 

[BelizeBreeze]

What is the name of your state? Tennessee
Appoximately two years ago I did business with a local florist shop for our Church. I spoke to the owner and was given a verbal quote for work that I wanted done. I recorded the prices for my own records on the day the quote was given. The owner began the work (which was quite extensive) but it took appoximately 8 months to a year for the work to be complete due to many reasons given by the owner. I offered many times to go ahead and make payment to the shop; however the owner refused payment until the work was complete. After many phone calls to the owner I was finally able to get most of the work completed, but not really to my satisfaction; but I had to get the work completed. I never received a bill from the owner. She in fact called me and asked that I send her a copy of my records! I did not do this, I felt that she should have her own record. Several months later, I noticed that the shop was closed and then noticed in the newspaper that the shop had filed bankruptcy. I'm sorry, I don't know which kind. At any rate, she is now filing suit against me because I did not reply to a certified letter she sent to me in November of this year. My question is this: Is she able to collect from us now after the business is bankrupt?

Yes

And if payment is due, wouldn't it go to the bankruptcy court?

Depends

Thanks for a reply, my court date is 1/10/07. Should I just call her and work out a deal or do I have a good case against her?

If you don't want to spend the money for an attorney or pay court costs that would be a good idea.

 

[camelot7]

Depends upon what? The type bankruptcy?

 

[JETX]

Is she able to collect from us now after the business is bankrupt?

Yes.

And if payment is due, wouldn't it go to the bankruptcy court?

No. However, there is nothing prohibiting your contacting the trustee handling the case and discussing this with him/her.

Should I just call her and work out a deal or do I have a good case against her?

You haven't given any indication of ANY 'case against her'. Negotiating a settlement would likely be a prudent thing to do.

 

[camelot7]

Thank you so much for the information. I fully intend to call the owner and try to work something out. I just mainly wondered if because of her inability to do the work in a timely manner, failure to provide an actual billing, and the time elapsed in the manner, what chance of winning the suit against me would be? As stated, this was done for our church and I certainly do not wish to cause a "black mark" on the church. By the way, shouldn't she be issuing the warrant for the church rather than for me? Also, is there a way to obtain the bankruptcy trustee name? Thank you.

 

[BelizeBreeze]

Thank you so much for the information. I fully intend to call the owner and try to work something out. I just mainly wondered if because of her inability to do the work in a timely manner, failure to provide an actual billing, and the time elapsed in the manner, what chance of winning the suit against me would be?

If those issues are not addressed in your contract then very good.

As stated, this was done for our church and I certainly do not wish to cause a "black mark" on the church. By the way, shouldn't she be issuing the warrant for the church rather than for me?

that depends on the contract language.

Also, is there a way to obtain the bankruptcy trustee name? Thank you.

Yes, ask her or contact the court for the file .

 

[camelot7]

Thank you again for this information. There is NO contract. As stated before, I wrote down the information for my own records, the owner has nothing to present the court, unless she fabricates new material for this suit. I imagine that I will remind her of this when I speak with her via telephone.