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Am I in danger of being sued cont...

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dbb9581

Junior Member
What is the name of your state (only U.S. law)? california
Below is an article I wrote about a customer that won't pay his bill. I plan to distribute this in front of his building. Am I going to get sued? Everything I've stated is the absolute truth and I have receipts and people to verify my time on the job (Keep in mind I put it together on a very flashy eye catching flyer, I think people will take the time to read it.).


______ ______ contacted me about a ventilation job a few months ago. I went out to bid it and was told that they just wanted a price to hang an air handler. I was told that someone else would wire it and that I would supervise the installation of the ductwork as well.
That was just the beginning. A couple days before I was scheduled to go out and start the job I received another phone call from ______. This time he asked that we disassemble the ductwork, tables, and take down the air handler. I said okay and quoted him a price.
When we arrived at his shop he then asked that we disassemble all of his plumbing and electrical as well as the previously discussed work. I made several attempts that day to discuss money and was told that I would be taken care of and even offered the possibility of a bonus if we could finish on time.
Now it was time to HANG the fan and SUPERVISE duct assembly. ______ hired 3 or 4 guys who didn’t speak english and everything they did eventually had to be fixed or redone.
On top of that he now asked that I install everything except the electrical. I tried to talk money again knowing that this would cost a fair amount and again was told I would be taken care of. About half way through I gave them an invoice for services and material for where we were.
I was told we would be paid time and again by a manipulating and dishonest man and his partner.
After 2 weeks of 12 to 16 hour days I was told that I didn’t make the deadline and they would have to get someone else to finish. He then told me they would pay me when they found out how much it would cost to finish.
Since then they have not paid me a dime. I am in the hole still for material and I lost a couple of PAYING jobs to do theirs. I am on the verge of business failure and am finding it hard to feed and clothe myself and my 6 year old daughter, for I am a single dad. All I want is what is fair and what is owed to me.
So in closing I would urge anyone to use discretion when dealing with this organization. For they are obviously LIARS and CHEATS who would see a family man put on the street before honoring their obligation. ______ has at least one child that I know of yet he has no compassion for myself or my innocent daughter. A man with this lack of human responsibility or care could not be a person that any one should do business with. I am only doing this because I believe that he will rob and steal from others. SO PLEASE BEWARE OF THIS ORGANIZATION. thank you.
 
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quincy

Senior Member
Dbb9581, instead of closing your last thread and starting a new thread, you probably should have included this post there.

I think you should probably consult with an attorney. You are obviously going to have some difficulties since you were unlicensed when you took this job. You will have more difficulties because you did work for this company without a contract. But if you have receipts for work supplies purchased, and a receipt for the amount you were paid by this person, there is a chance you can recover some of what he owes you by taking him to court.

I advise against you saying anything defamatory about this company in the meantime, although I know you are tempted. It could result in a defamation action brought against you, and defamation actions are costly.

Present all of the data you have and go over it with an attorney in your area, to see if there is any legal action worth pursuing.

Good luck.
 

dbb9581

Junior Member
Thank you I will do just that. But you know you can't get blood from a turnip. If I were any younger and a little dumber I would have liked to settle this out of court, wink, wink.
Thank you to all that helped this is a great site. No offense but I hope I don't have to use it very often.
 

quincy

Senior Member
It is amazing how much blood some attorneys can wring from a turnip. :D

Yes, I hope you will not have to use this site very often either, and I hope you will be able to recover, if not all, at least most of what you are owed.

But, again, I advise you strongly not to post that letter. Even if everything you say is true and can be supported by evidence, that does not prevent this guy from suing you for defamation. Defamation actions often run into the multi-thousands of dollars, and if this guy were to win a judgment against you, liens can be placed on your property, all assets can be attached, and future wages can be garnisheed.

There are better ways to handle your situation. Tranquility gave you some information to review, and I again suggest you sit down with an attorney and go over all of the facts of your situation.
 

dbb9581

Junior Member
I will, and as a side note I just enrolled in a program to get my license. Again thank you, I was on my way to do my thing when I had my mom read it and she suggested I get legal advice first. Good thing huh.
 

quincy

Senior Member
Moms can be pretty wise! :)

Good luck with your licensing classes, and I hope that an attorney can help you recover some of what is owed you.
 

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