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Breach of contract and defamation and libel

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#1
What is the name of your state?pa
I am a business owner who did work for a customer who decided to efuse me access to finish the job done has retained one of my tools and equipment for 8 months now. He also decided to write numerous ales statements to the better business bureau along with displaying a sign publicly stating I abanded the job a did poor quality work. I retained the services of one lawyer who told me I had a good case because after she was served court papers she publicly added another sign with a pentagram and voodoo doll with my initials. I filed a mechanics lien for 62:,000.00 Still trying to run my business I encodeda 14,000.00 lawyer bill. For 8 months I have been seeking litigation funding in good faith I had let him know this now I had to see new counsel who would like 20,000.00 as a flat fee . I’m a little confused by all this it does not seem worth the effort at this point since I seem to be going no where I’ve lost 2 contracts worth 73,000.00 dollars . I have all my vendor receipts , phone records , pictures invoice and original estimate plus much more . They tell me I have such a good case why is it hard to find a lawyer who will work with me and why is it hard to get litigation funding
 


FlyingRon

Senior Member
#2
Because lawyers don't exist for the purposes of "funding litigation." Unless there is a clear windfall they can expect on a contingent fee situation, you'll have to pay for your legal services and recoup it at the end. While you may have a "great case" unless the defendant has the capacity to actually pay whatever award you envision, it will be a pyrrhic victory,
 

Zigner

Senior Member, Non-Attorney
#3
For this amount of money, you don't want or need an internet forum. You need competent legal counsel. Yes, you'll have to pay for it.
 
#4
I did all my homework work and she has the assets to pay . I wasn’t looking to have the lawyer finance the litigation funding I applied through several third party companies. My point is if I’m told I have a very good case and the proof and assists are there why is they’re fee an issue when any awarded money goes through them first any ways .
 

Zigner

Senior Member, Non-Attorney
#5
It sounds to me like you either don't, in reality, have a good case, or that even though you have a good case, it's not worth the amount of money that you think it is or that you are able to pay.
 

Zigner

Senior Member, Non-Attorney
#6
Have you already filed a lawsuit? If not, that could be another stumbling block for you. The litigation funding company(ies) may require that you have already filed a lawsuit before they will commit to funding you.
 

quincy

Senior Member
#7
What is the name of your state?pa
I am a business owner who did work for a customer who decided to efuse me access to finish the job done has retained one of my tools and equipment for 8 months now. He also decided to write numerous ales statements to the better business bureau along with displaying a sign publicly stating I abanded the job a did poor quality work. I retained the services of one lawyer who told me I had a good case because after she was served court papers she publicly added another sign with a pentagram and voodoo doll with my initials. I filed a mechanics lien for 62:,000.00 Still trying to run my business I encodeda 14,000.00 lawyer bill. For 8 months I have been seeking litigation funding in good faith I had let him know this now I had to see new counsel who would like 20,000.00 as a flat fee . I’m a little confused by all this it does not seem worth the effort at this point since I seem to be going no where I’ve lost 2 contracts worth 73,000.00 dollars . I have all my vendor receipts , phone records , pictures invoice and original estimate plus much more . They tell me I have such a good case why is it hard to find a lawyer who will work with me and why is it hard to get litigation funding
Pennsylvania has a one year statute of limitations for defamation claims, which means you must file suit against your defamer within one year from the date of first publication of the defamatory material.

You mentioned that the customer was "served papers." Have you filed suit against the customer already?

Are the signs about you and your business still in place? Are they on the customer's property? Have you checked your city's sign ordinances? Most cities have restrictions on signs (e.g., placement, size).
 
#8
Pennsylvania has a one year statute of limitations for defamation claims, which means you must file suit against your defamer within one year from the date of first publication of the defamatory material.

You mentioned that the customer was "served papers." Have you filed suit against the customer already?

Are the signs about you and your business still in place? Are they on the customer's property? Have you checked your city's sign ordinances? Most cities have restrictions on signs (e.g., placement, size).
I have a suit filed and yes the signs were on the property. I have a mechanics lien filed the local township would not even allow me to file a complaint for her holding my companies tools and equipment. As for the amount I’m seeking is 62490.00 for materials and labor unpaid . The retaining of tools for 8 months at 19,000.00 a month is1520,00.00 in potiential profit loss and the loss of 2 contracts so far due to her signs is a total of 68,000.00 all verifiable . So I’m not even pushing for punitive damages .
 

Zigner

Senior Member, Non-Attorney
#9
I have a suit filed and yes the signs were on the property. I have a mechanics lien filed the local township would not even allow me to file a complaint for her holding my companies tools and equipment. As for the amount I’m seeking is 62490.00 for materials and labor unpaid . The retaining of tools for 8 months at 19,000.00 a month is1520,00.00 in potiential profit loss and the loss of 2 contracts so far due to her signs is a total of 68,000.00 all verifiable . So I’m not even pushing for punitive damages .
You had a duty to mitigate your loss of the tools, and it's apparent that you didn't do so. You can throw that purely speculative number of $152,000 straight out the window.

The $68,000 is also speculative, but you might be able to sustain it, if you approach it properly. The $62,490 for materials and labor is really the only thing you might be on solid ground with.
 

quincy

Senior Member
#10
I have a suit filed and yes the signs were on the property. I have a mechanics lien filed the local township would not even allow me to file a complaint for her holding my companies tools and equipment. As for the amount I’m seeking is 62490.00 for materials and labor unpaid . The retaining of tools for 8 months at 19,000.00 a month is1520,00.00 in potiential profit loss and the loss of 2 contracts so far due to her signs is a total of 68,000.00 all verifiable . So I’m not even pushing for punitive damages .
Why did the customer refuse to allow you access to the premises to complete the job?

Although you appear to have support enough for a lawsuit (breach of contract, tortious interference, defamation), in order to hire an attorney to help you with your claim, you will require money upfront for a retainer.

Rarely are defamation suits taken on a contingency basis and you are unlikely to find an attorney who will offer his services pro bono. Until your third party funding comes through, you will either have to delay the suit or muddle through on your own (with the latter not at all recommended).

What is the customer demanding in return for the release of your tools?
 
#11
You had a duty to mitigate your loss of the tools, and it's apparent that you didn't do so. You can throw that purely speculative number of $152,000 straight out the window.

The $68,000 is also speculative, but you might be able to sustain it, if you approach it properly. The $62,490 for materials and labor is really the only thing you might be on solid ground with.
eplace them because the police will not allow me to file a complaint . My average income is 19,000.00 a month so how that is speculative makes no sense. As for the 2 estimates I gave out and I have pics of another company doing the work since the signs were posted . As for speculative I’m pretty sure192,000.00 in gross sales in the first 6 months justifies a reputable business . So if you have someone else that you can think of that has done that ! Because from where I’m sitting I have prided my self of being in the construction industry for 32 years.and to have someone make a smart remark of you an through that out the window? The contractors that due good work now have to defend selves because hipa is for consumer is a load of crap .The customers who hide behind that are the ones looking to get out of paying! So asking advice is wrong but don’t worry nect time you pick up at toolwonder if you really no how to use it or is it just speculative. I would ask a qualified professional in that field for advise thanks for the informative information!
I mitigated for 3 months to get the tools returned all which are documented . My insurance will not r
 
#13
Why did the customer not allow you to finish the job?

What is the customer demanding in exchange for your tools?
She had 13 change orders in the first month 9 in the second 11 in the third she still expected the estimated date to stay the same I accelerated the days and job by running 16 hr days for the first month 7 days a week and 10 hrdays seven days for the second month I informed her she could not expect the same date with the amount of change orders and the extended days . She also delayed the job with changing her mind or couldn’t make up her mind which she was informed that it was slowing the job down. 10 days after original estimated date she change the locks and refused to allow me access . I wasted to work it out she said no she was retaining my tools for work and materials that she paid for . Which by vendor receipts and pictures everything is false . She has no evidence to support any of her claims except black and white pictures and original invoices I gave her and made her photo copy for my records. I have time stamped and dated pics of every days progress. Not to mention machine rental receipts dumpster reciepts,all material reciepts, phone and text records which she claims she would call me and I would not respond for days or show up for days and weeks at a time. Every statement to the better business bureau is false except the day I started.she is claiming I owe her 64,00.00 to finish the job and she paid me 80,560.00 which 3 different times she stated she gave me 73,00.00 then 74,980, then 79,520.00 to the better business burea and I invoice her what she stilled owed and stated from day 1 by the same invoices she photo copied I recieved80,560.00 and the bill to date was a 143,00.00 , not sure if I mentiontioned in my findings she also has 8 theft of removal property charges which 1 of the is a felony 3 . So thanks HIPA
 

quincy

Senior Member
#14
Thank you for answering my questions.

You definitely need an attorney in your area to sort through all of this and help you with a legal action.

I wish you good luck in raising funds.
 
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