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Need advice on rather to take legal action

T

thehstrybean

Diamond Member
So this summer I did some contract IT work. It was with a local company that is run by one guy. I agreed to 7 days worth or work (I was given a work order everyday). Well, I finish the job and the lead tech (I was the assistant) signs off on my work. All is good, right?

Well, that was in July. A lot's happened since then. The d-bag that runs this business was arrested (possession) and sent me nasty text messages about how I made him go back out and do more work and I was required to warranty all of my work. He won't send me a copy of the contract that I signed with him, reopen my email account so I can grab my emails from the company he subcontracted from saying that I did my job, or anything else. The lead tech and the company he sub'd for both agreed to be witnesses for me if I took it to court. The only thing is, it's not but ~$400, but I'm a college student and pretty poor. What are my options? He sent me his lawyer info, but should I call the BBB and report him or what? Any advice is welcome. I'm so pissed off I can't see straight...
 
It's not that expensive to bring it to small claims, check with your local courthouse. That said I wouldn't expect that money anytime soon if ever.
 
That's the thing. He has a team of lawyers. I have...me. And with him not sending me anymore info, I can't see what the contact actually said...
 
Originally posted by: thehstrybean
That's the thing. He has a team of lawyers. I have...me. And with him not sending me anymore info, I can't see what the contact actually said...
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won't matter in a small claims case. either you can prove you it or you can't.
 
If you've lost all your signed documents/contracts, there's probably not much that can be done. He might still have them, but no way would he present them in court.

Did you get paid for the initial work?
 
Originally posted by: FetusCakeMix
If you've lost all your signed documents/contracts, there's probably not much that can be done. He might still have them, but no way would he present them in court.

Did you get paid for the initial work?
Click to expand...

No. I'm searching through my papers now. I must have something...
 
Originally posted by: thehstrybean
So this summer I did some contract IT work. It was with a local company that is run by one guy. I agreed to 7 days worth or work (I was given a work order everyday). Well, I finish the job and the lead tech (I was the assistant) signs off on my work. All is good, right?

Well, that was in July. A lot's happened since then. The d-bag that runs this business was arrested (possession) and sent me nasty text messages about how I made him go back out and do more work and I was required to warranty all of my work. He won't send me a copy of the contract that I signed with him, reopen my email account so I can grab my emails from the company he subcontracted from saying that I did my job, or anything else. The lead tech and the company he sub'd for both agreed to be witnesses for me if I took it to court. The only thing is, it's not but ~$400, but I'm a college student and pretty poor. What are my options? He sent me his lawyer info, but should I call the BBB and report him or what? Any advice is welcome. I'm so pissed off I can't see straight...
Click to expand...

What state are you in?
 
Originally posted by: sjwaste
Originally posted by: thehstrybean
So this summer I did some contract IT work. It was with a local company that is run by one guy. I agreed to 7 days worth or work (I was given a work order everyday). Well, I finish the job and the lead tech (I was the assistant) signs off on my work. All is good, right?

Well, that was in July. A lot's happened since then. The d-bag that runs this business was arrested (possession) and sent me nasty text messages about how I made him go back out and do more work and I was required to warranty all of my work. He won't send me a copy of the contract that I signed with him, reopen my email account so I can grab my emails from the company he subcontracted from saying that I did my job, or anything else. The lead tech and the company he sub'd for both agreed to be witnesses for me if I took it to court. The only thing is, it's not but ~$400, but I'm a college student and pretty poor. What are my options? He sent me his lawyer info, but should I call the BBB and report him or what? Any advice is welcome. I'm so pissed off I can't see straight...
Click to expand...

What state are you in?
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Sorry, should have stated that. TN. Chattanooga, specifically. I checked the BBB and they directed me to the FTC.
 
My assumption is that if you got paid for the work, that was confirmation of a job well done. Can you get a copy of the signed work order? If the lead tech signed off on the work are they not liable for the work not being done?
 
Originally posted by: waffleironhead
My assumption is that if you got paid for the work, that was confirmation of a job well done. Can you get a copy of the signed work order? If the lead tech signed off on the work are they not liable for the work not being done?
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That's what I'm saying. I was never paid, because I don't get paid till he gets paid. I had to give him the signed copies. I'm fighting to get them back and I'm getting in touch with the company he sub'd for to try to get their copies as well...
 
as everyone else has said, look at how much it costs to file in small claims court and whether filing fees are recoverable from the other party. As an attorney, this guy isn't going to spend the money to send a "team" of people like me to small claims court nor is a small claims judge going to be interested in some lawyer in a suit spouting off legal theories.
 
Originally posted by: thehstrybean
That's the thing. He has a team of lawyers. I have...me. And with him not sending me anymore info, I can't see what the contact actually said...
Click to expand...

consider it a $400 lesson in being responsible enough to keep up with all of your own shit.
 
Take him to small claims, doesn't it cost like $30? It doesn't matter if he has a lawyer, you have two witnesses. Besides Lawyers are usually 250-400 per hour. He's better off just paying you the money if he figures out that you mean business.
 
he is trying to scare you that he has a lawyer. try talking to his lawyer. explain your position and he might advice his client to settle . you have two witnesses. it will cost the guy more money to loose and pay lawyer fees than to pay u
 
Originally posted by: thehstrybean
Originally posted by: waffleironhead
My assumption is that if you got paid for the work, that was confirmation of a job well done. Can you get a copy of the signed work order? If the lead tech signed off on the work are they not liable for the work not being done?
Click to expand...

That's what I'm saying. I was never paid, because I don't get paid till he gets paid. I had to give him the signed copies. I'm fighting to get them back and I'm getting in touch with the company he sub'd for to try to get their copies as well...
Click to expand...

Wait... you don't have a copy of your signed contract and now you no longer have copies of the signed work orders? Do you actually have anything to prove that you worked the job let alone actually had a job?
 
Originally posted by: Born2bwire
Originally posted by: thehstrybean
Originally posted by: waffleironhead
My assumption is that if you got paid for the work, that was confirmation of a job well done. Can you get a copy of the signed work order? If the lead tech signed off on the work are they not liable for the work not being done?
Click to expand...

That's what I'm saying. I was never paid, because I don't get paid till he gets paid. I had to give him the signed copies. I'm fighting to get them back and I'm getting in touch with the company he sub'd for to try to get their copies as well...
Click to expand...

Wait... you don't have a copy of your signed contract and now you no longer have copies of the signed work orders? Do you actually have anything to prove that you worked the job let alone actually had a job?
Click to expand...

I found my copy of the contract. I can get work orders from the company and a signed statement from the lead tech.
 
Originally posted by: Zolty
It's not that expensive to bring it to small claims, check with your local courthouse. That said I wouldn't expect that money anytime soon if ever.
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Exactly... the OP may win in court... but getting the douche to pay is another thing. I suppose you could place some liens on his properties.
 
1. Send certified letter to him/his lawyer asking for payment for work. Don;t be rude just say what you agreed to and what you should be paid for.

2. File case in small claims court

3. get wittness, contract, certified letter reciept, etc... and go to court and prove your case.
 
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