So now what do I do?

[Wigglets]

Kinda complicated. Bear with me. I finally got someone to show up to take down two trees. It was arranged and Adryan, the guy I made the deal with, his brother Bryan who has a different company but they help each other out at times, and a worker cut them down. I paid them in full before the one tree was completely removed, for two reasons. For some reason I trusted them, and the other was to see if they would return. They did.

Ok, so I then asked them to cut down 4 large trees. Adryan said he couldn't make it that week but when I talked to Bryan later he said he could do it that week. Fine. He took them down but some work still needed to be done when he asked to be paid. I refused giving the full amount for two reasons. For one, he wasn't finished with the job and two, I found out he stole the job from Adryan. When I mentioned that to him and that I didn't feel right about paying him instead of his brother because Adryan was the one I'd made the deal with., he said he was going to give Adryan $100 even though he didn't do any work. I told him that Adryan got him that job and he was supposed to help take down the trees and get more than $100.

Anyway, since both brothers were there at that time, I went ahead and paid Adryan for a fence job he just completed, plus what was left of what I owed for the tree removal and said they could work out who gets what between them later. Well, neither one of them finished the job even though they both claimed they were going to do so. I figured Bryan wouldn't cuz he was pissed. I talked to Adryan about it a few times and he said he was going to do it but hasn't and now won't answer my calls or texts. I thought that after he proved he could be trusted, and that I thought he'd appreciate my paying him to finish the job that he'd return. So, now what do I do? No written contract by the way ... only amounts paid to both brothers with my credit card.

Sorry this got so long, but it was complicated.

 

[Shadowbunny]

You can take one or both of them to small claims court in your un-named state.

 

[quincy]

You can take one or both of them to small claims court in your un-named state.

The state is New Mexico.

Wigglets previous thread: https://forum.freeadvice.con/threads/who-pays-first.659898/

Wigglets, you really should have had a written contract for the tree work.

You can get an estimate from other companies on what it will cost to finish the job, and you can sue the brothers for the overpayment made to the brothers (if any) - but you could have difficulty showing a court what the terms were of your oral agreement.

Good luck.

 

[Wigglets]

Thank you quincy for giving the name of my state. I'm new at this, and was a bit flustered when I wrote it ... and forgot to add that info in my first post. And by the way ... these were the people who fixed the fence I was asking about in the other thread ... and was so damn excited to think I had FINALLY found a legit, trustworthy person ... plus trying to teach his brother not to steal jobs from him ... that I paid before I should have.

At first I wondered if they had gotten sick or something and I was trying to be patient, but then thought they could at least have said that instead of keeping me hanging. I will give them another week. Heck they live two streets over I could always go to their house and talk to them face to face and if they don't answer the door I could accidentally - on purpose - lean on the horn till they do. And if they call the cops ... well, I know most of them and would explain why my insanity. Ok, so it's just a thought but dog gone it I'm tired of people doing this to me.

I realize that because of the circumstances it wouldn't be in my favor to take them to court but I surely would take up a lot of their time explaining to the judge just exactly what happened, and show photos, etc., and if nothing else they would be losing money being in court instead of working. Then too ... I have a mouth, and can call the BBB, and tell the people who just bought my property next door who he gave a card to ... what he did to me, and use social media to air my grief. And it won't be defamation cuz it's the truth. I'm so sick of this happening especially with these people because I really liked them and was given a reason to trust them. I'll let you know how it turns out.

 

[quincy]

Thank you quincy for giving the name of my state. I'm new at this, and was a bit flustered when I wrote it ... and forgot to add that info in my first post. And by the way ... these were the people who fixed the fence I was asking about in the other thread ... and was so damn excited to think I had FINALLY found a legit, trustworthy person ... plus trying to teach his brother not to steal jobs from him ... that I paid before I should have.

At first I wondered if they had gotten sick or something and I was trying to be patient, but then thought they could at least have said that instead of keeping me hanging. I will give them another week. Heck they live two streets over I could always go to their house and talk to them face to face and if they don't answer the door I could accidentally - on purpose - lean on the horn till they do. And if they call the cops ... well, I know most of them and would explain why my insanity. Ok, so it's just a thought but dog gone it I'm tired of people doing this to me.

I realize that because of the circumstances it wouldn't be in my favor to take them to court but I surely would take up a lot of their time explaining to the judge just exactly what happened, and show photos, etc., and if nothing else they would be losing money being in court instead of working. Then too ... I have a mouth, and can call the BBB, and tell the people who just bought my property next door who he gave a card to ... what he did to me, and use social media to air my grief. And it won't be defamation cuz it's the truth. I'm so sick of this happening especially with these people because I really liked them and was given a reason to trust them. I'll let you know how it turns out.

I would be interested in hearing what happens, Wigglets. Good luck.

 

[Wigglets]

I'll fill you in when I find out. I'm going to give them a week to think about it. Perhaps it will eat a way at their soul and they will finish the job. If not, a letter will be sent email and snail main since I have a feeling they have my phone number blocked for texts. Can't leave messages when I call either because they don't have their phone set up for it ... and yeah, I've done the *67 which they fell for only once before they first started ignoring me. Said they'd call to set up an appointment but never did. And now this. What the heck is the matter with people?

 

[quincy]

I'll fill you in when I find out. I'm going to give them a week to think about it. Perhaps it will eat a way at their soul and they will finish the job. If not, a letter will be sent email and snail main since I have a feeling they have my phone number blocked for texts. Can't leave messages when I call either because they don't have their phone set up for it ... and yeah, I've done the *67 which they fell for only once before they first started ignoring me. Said they'd call to set up an appointment but never did. And now this. What the heck is the matter with people?

The brothers might have a perfectly reasonable explanation for their not completing the job yet - but you would think they would have communicated this to you if they did.

I think sending them a letter is a good idea.

Good luck.

 

[Wigglets]

Oh, I'm sure the one brother won't ever talk to me again for reasons explained. Now I just have to stop letting the other brother's silence eat at me for the next week while I give him time to think about it. Fingers crossed he will do the right thing but I'm not holding my breath. And yeah, I might even send the other brother a letter too. To let him know that part of the job he did didn't pan out as well. Perhaps this is why the other brother has disappeared. He doesn't want to fix that mistake (on a drip line hose that was part of the original plan). Time will tell.

 

[Wigglets]

As of today. I waited a few weeks instead of just one. Still tried to call but nothing. So I emailed them since I'd never done it before so I knew they didn't have me blocked. I finally got an answer. Here's the latest bullshit. They told me that they gave the $200 to their brother because I told them in a text that he was going to finish the job. WHAT? I'd like to see that text. They also said that rerouting the drip line that is now not working correctly was his brothers job to fix because it wasn't a part of the original deal ... which it was... and they couldn't be liable for it. Long story short ... I texted his brother to tell him what I was just told but didn't hear back. Probably has me blocked. I told them they were both a part of the deal and for them to talk to his brother about this because if someone doesn't contact me to finish the job I will be taking them both to court. I'm now waiting to see the outcome.

 

[quincy]

As of today. I waited a few weeks instead of just one. Still tried to call but nothing. So I emailed them since I'd never done it before so I knew they didn't have me blocked. I finally got an answer. Here's the latest bullshit. They told me that they gave the $200 to their brother because I told them in a text that he was going to finish the job. WHAT? I'd like to see that text. They also said that rerouting the drip line that is now not working correctly was his brothers job to fix because it wasn't a part of the original deal ... which it was... and they couldn't be liable for it. Long story short ... I texted his brother to tell him what I was just told but didn't hear back. Probably has me blocked. I told them they were both a part of the deal and for them to talk to his brother about this because if someone doesn't contact me to finish the job I will be taking them both to court. I'm now waiting to see the outcome.

You might want to prepare your court papers for filing now - and send them a copy of the completed form so they know you are serious about suing them.

If the brothers still refuse to finish the job, file your completed papers.

You have been patient but I think you have tolerated their nonsense long enough.

Good luck.

 

[adjusterjack]

I paid them in full before the one tree was completely removed,

Life lesson from the school of hard knocks. Pay when the work is completed. Period.

 

[quincy]

Wigglets is fortunate only in that she knows who the contractors are and they live nearby. It is often the case that the contractor is handed the money and disappears forever.

 

[Wigglets]

I've always paid only after the job was complete, and even then they screw me when I find the job fails (such as a leak in the roof when it rains which is something I can not test before it rains) and they don't fix it. Which has happened. In this case, I'd gotten a good vibe, and even tested them out by paying before the first job was complete (which they competed) before asking them to do the next job and paying the last 200 before it was completed. Then too, I thought the first brother would have my back seeing that by doing what I did was to teach his brother a lesson for stealing the last job from him. He also said that if his brother didn't complete the job that he would. Then I find out otherwise.

Unfortunately even though the one I made the original agreement with lives close by ... he has now put the blame and responsibility on the 2nd brother who lives in El Paso. Still ... since both were involved they must both go to court, which I doubt either one will show up. And even if I win, I doubt they will complete the job or pay and I will be out of time and court fees, plus being even more pissed. I even think the second brother flattened one of my tires that had no reason to go flat, just to piss me off. If nothing else, I will tell the BBB, Angie's list, Craigslist, and Facebook, etc. I'm so angry with contractors and garage people who I should also take to cour, but I won't get into that mess. By the way, I still have heard from no one.

 

[Wigglets]

After a lot of thought I've decided to just take the original brother to court if needs be, since it was him and only him that I contacted to do the jobs. If his brother helped him then it is up to them to figure out who is going to finish the work, or pay if we go to court.

 

[quincy]

After a lot of thought I've decided to just take the original brother to court if needs be, since it was him and only him that I contacted to do the jobs. If his brother helped him then it is up to them to figure out who is going to finish the work, or pay if we go to court.

That is one option. Good luck.