Client threatening to sue

[wonderd4]

Hello. I live in New York and own a house cleaning business. I had a client that canceled her service and she wanted to have her house key mailed back to her. We mailed back her house key but she claims that she received an empty envelope and the key was not inside. She wants us to pay to have her locks changed and said if anything happens in the meantime she will sue us.

Does she have a case? I know for a fact the key was in the envelope which may have fell our but I have a feeling she is just trying to pull a fast one. What can I do?

 

[Zigner]

Hello. I live in New York and own a house cleaning business. I had a client that canceled her service and she wanted to have her house key mailed back to her. We mailed back her house key but she claims that she received an empty envelope and the key was not inside. She wants us to pay to have her locks changed and said if anything happens in the meantime she will sue us.

Does she have a case? I know for a fact the key was in the envelope which may have fell our but I have a feeling she is just trying to pull a fast one. What can I do?

She doesn't have much of a case to sue you because she would need to mitigate her damages. In other words, she would need to have her locks changed and then seek compensation from you.

Now, why don't you offer to split the cost of having the locks rekeyed?

 

[wonderd4]

So if something got stolen from her house before the locks got changed. Do you think she can hold us responsible? I don't want to pay because I personally mailed out the key and I know the key did not fall out. She just sent us a picture of an opened envelope saying the key was not inside. She did say that she received the envelope in sealed condition..

 

[Zigner]

So if something got stolen from her house before the locks got changed. Do you think she can hold us responsible?

No, not really. But you might end up in court over it.

I don't want to pay because I personally mailed out the key and I know the key did not fall out. She just sent us a picture of an opened envelope saying the key was not inside. She did say that she received the envelope in sealed condition..

Well, then don't pay. Some folks don't mind spending a few bucks to maintain a good referral and/or to avoid being forced to spend the day defending themselves in the crapshoot that we call small claims... Sometimes it's just good business, both from a PR standpoint and from a financial standpoint.

 

[adjusterjack]

So if something got stolen from her house before the locks got changed. Do you think she can hold us responsible? I don't want to pay because I personally mailed out the key and I know the key did not fall out. She just sent us a picture of an opened envelope saying the key was not inside. She did say that she received the envelope in sealed condition..

Go to her house. Bring a couple of screwdrivers (Phillips and flat). Bring a witness who can record the visit. Offer to take her locks to Home Depot and get them rekeyed (about $5 or less each) while she waits in the house.

If she says no, you are on video making the offer and she's on video declining the offer so anything that happens later is on her.

If she says OK, it'll cost you about an hour of your time and a few bucks to resolve the issue.

Sometimes common sense and a compromise is better than "rights."

PS: Now you know why it's a bad idea to take somebody's keys and clean the house when they aren't there. I never let anybody work in my house without me being there.

 

[Zigner]

Go to her house. Bring a couple of screwdrivers (Phillips and flat). Bring a witness who can record the visit. Offer to take her locks to Home Depot and get them rekeyed (about $5 or less each) while she waits in the house.

If she says no, you are on video making the offer and she's on video declining the offer so anything that happens later is on her.

If she says OK, it'll cost you about an hour of your time and a few bucks to resolve the issue.

Sometimes common sense and a compromise is better than "rights."

While this is a reasonable idea, I bet that the OP won't want to do it. Why? Because he KNOWS the key didn't fall out of the envelope, so why should he have to pay?!?

 

[wonderd4]

Yea I really do not feel I should have to pay for anything. I think she clearly has the key but is saying she does not just to get her locks changed. Our communication has been through email.


What if I emailed her and said I found the key, it fell out the envelope before it was sealed and I disposed of the key. Then the only way she could sue me is by implying I personally stole something from her home correct?

 

[yola]

No, not really. But you might end up in court over it. Well, then don't pay. Some folks don't mind spending a few bucks to maintain a good referral and/or to avoid being forced to spend the day defending themselves in the crapshoot that we call small claims... Sometimes it's just good business, both from a PR standpoint and from a financial standpoint.

First Off i answer to your question yes she can sue you , #1 - First off Did you send the keys back to her Certified Mail ? / If yes you have no problem if NO then you have a very big problem , the burden of proof is on you not the other party , it is always best to send things like that certified mail ,

 

[wonderd4]

it was not sent via certified mail. Just an envelope with a stamp.

 

[Zigner]

First Off i answer to your question yes she can sue you , #1 - First off Did you send the keys back to her Certified Mail ? / If yes you have no problem if NO then you have a very big problem , the burden of proof is on you not the other party , it is always best to send things like that certified mail ,

You didn't read the posts, did you?

There is no contention that the mail that the OP sent arrived. The problem is that the former client is claiming there was no key in it.

 

[Zigner]

it was not sent via certified mail. Just an envelope with a stamp.

Don't worry - it's a non-issue. There is no dispute about whether you mailed something (which is all that mailing it certified would show.) Yes, it's better to send it certified, but it's irrelevant now.

 

[Insane Jane]

The real question is whether the client stills owes the cleaning co any money???
If I was the cleaning co, I'd simply send my buddy Rick over to re key her locks.
When the client answers the door, Rick explains that he was sent over to re key the locks.
The client either sends Rick on his way or lets him complete the job.
Cleaning co is now off the hook.
And Rick is real good at getting everybody paid....

 

[adjusterjack]

While this is a reasonable idea, I bet that the OP won't want to do it. Why? Because he KNOWS the key didn't fall out of the envelope, so why should he have to pay?!?

KNOWING and PROVING are two different things.

 

[Zigner]

To be honest, I suspect that this relationship didn't end on the best of terms. I wouldn't want "Rick", or even the OP to be the one to rekey the locks. Frankly, that's a fairly reasonable position to take.

 

[Zigner]

KNOWING and PROVING are two different things.

You are HOT today!