Payment dispute with tile installer

[Andrew11AZ]

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

 

[Andrew11AZ]

Payment dispute

I am a realtor and do fix n flip properties. I have various crews that I use for labor on jobs and this one crew in particular did some tile work for a seller on her personal property. She allowed access to the home for the workers to do the work. Her camera system from cox had one camera in a back bedroom. Using the camera system she was alerted that the camera was unplugged. I talked to them and asked them why it was unplugged ( at the time all she told me was it had loss of power) it was in a room that was all carpet and the installers did not have any work to do in this room. I plugged it back in and power was restored. This was their last day on the job. Later that night, the property owner discovered that the camera was showing a blank screen.

The job was finished and the installers were paid in full

I picked up a new property to flip and had the tile guys start doing the tile work on that property. After they had started the owner of the previous property said she had tvs missing from her house. Her camera and security system showed that entry was later in the evening the night of the camera being unplugged. It also showed the tile helper had originally unplugged the camera in the day time and that he entered that room at night with a sheet over himself and covered the camera using that. Tvs were being stored in that room while people were there doing work and were stolen at that time. This was the only unauthorized access time that her security system registered.

I had helped her find these guys and her being a good friend and client, I decided to replace the tvs out of my pocket.

With these guys on my other job, I decided to watch them closely but the house was vacant so nothing could be stolen. I let them finish the job and wanted to avoid confrontation mainly because I did not want my vacant house vandalized out of anger or anything. They completed the job and I paid him cash for the job. With the cash I wrote him a letter that I used google translate to convert from English to Spanish. I wrapped it in the money and I gave him the cash and letter paying him in full for this job as well. In the box were the remote controls for the tvs that were stolen. The letter basically thanked him for all the work he has done in the past. Informed him that this was the last job. I told him I paid for new tvs and would not be using him on anymore jobs because his newly hire helper stole tvs. I did not want to lose him as a tile installer but I simply could not trust his judgement on who he brings into my houses. It was up to him to handle this situation properly with his helper and with me being that it cost me money out of my pocket to make sure the owner of the property was reimbursed with new tvs.

He does not speak much English and was not happy the day that I paid him. I told him four times that the money was in there and he just kept shaking his head. He was upset about the remotes and felt like I was accusing him. My letter also told him that I don't believe he knew what his helper was doing but he was responsible for his helper.

He had a friend with him who was very threatening towards me after they spoke in Spanish. I honestly thought he was upset because of the remotes. I told them to leave, as they had come to my house to be paid.

That night his wife called me very angry. She said I was stealing from them. Again I told her he was paid and I just could not have him on my jobs especially if this is their response. She continued. I listened to her Berate me. She seemed very confused and I finally just wished her well and excused myself from the conversation.

The next day a contact who is a go between because of the tile Guy's lack of English called me and said that I had shorted him $350 for part of the job. I told him I paid exactly what was requested by the tile guy. He explained that the tile guy had only invoiced me (in text message) for the floor tile work and didn't invoice me for the tile backsplash work. I double checked and called my contact. He said he could pay him for me and I agreed to reimburse him.
I remembered how angry he was and his wife was. I thought maybe now it made sense because he felt I had shorted him this money and at the time I paid him everything he invoices me for.

Today I got a small claims summons. He is claiming now (2 months later) that I did not pay him $2250 for this job.

I need to respond but am concerned with this. I paid him cash as I normally do but I have no receipt showing unpaid him. My texts and written dialogue with him are limited with my last message telling him to come meet me to be paid for the job (the day he did and was paid). I feel like this is a he said she said argument. I paid him but he says I didn't. I don't know who the burden falls on. He took the box with the remotes and the letter and money.
He is not illegal as his wife is American born but he doesn't speak much English at all. I Am not a contractor and that is probably the only thing I would say I don't do right. I flip houses for investors and recommend workers to jobs that come my way. It helps me as a realtor get more listings and work.

 

[justalayman]

Since you choose to deal in cash and use no receipts I suspect it will come down to the veracity of the plaintiff and yourself.

Handing over the remotes to the televisions could have made you appear complicit in the theft. That was foolish.