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Stupid moron attorney customers:)

Discussion in 'General Industry Discussions' started by Ramairfreak98ss, Jul 4, 2008.

  1. Ramairfreak98ss

    Ramairfreak98ss LawnSite Silver Member
    Posts: 2,210

    Not sure what sort of attorney this guy is. But we cut his lawn for the 2006/2007 seaons. All was fine until almost all of 2007 he was behind a good bit on his lawn payments. By the end of the year, he was behind over a couple hundred and just never made any attempt to pay, of course wouldnt call us, email us, and couldnt get ahold of him. He lives in NJ and works in NYC like most of em do.

    He even tried to get us to start a walkway project for him last winter, still while owing us money from his lawn account past due, claiming he would send us the deposit amount, 50% up front, never got it. That was the last i heard from him.

    May 2nd, just happens to be the same day i turn papers in... i see Ground @#%$$# company mowing his lawn, obviously, he did not contract us to cut it, didnt return our calls and now has another company in there mowing, with bobcat crap lawnmowers to boot.

    May 7th 08, he is notified by courts to appear for May 20th.
    May 20th comes, judge hears my claim and i show all documentation.
    Judgement awarded to me for almost $300
    June 14th, he sends me direcly a check for the full amount, supposed to go to the courts for file processing, since he now owes them the fee not us.

    July 2nd, he calls me up around 5pm, kinda "ticked" that i "still" filed judgement against him even though he has already paid, and "thinks" that he will have to file a judgement against me/my company because of it for some reason....

    I explained that i would call our county courts in a couple days and notify them, he then demanded a formal letter written and a copy to him. lol He claims its now showing up on his "credit report" ... Im not sure how because we dont hold anyones credit card info or social security information nor do we collect their NJ drivers liscense numbers. Im pretty sure its just a bunch of BS.

    The next day, July 3rd, he emails me a PDF copy of a 2 page letter from his thinks hes mr. big stuff attorney firm in NYC he works for... This is some of what it says lol.
    I am writing to follow up on our conversation yesterday. As we discussed, you have been paid for all services rendered to date. However, you nevertheless proceeded to obtain a judgement against me in blah blah court.

    Please allow this letter to serve as my formal demand that you have the judgement marked satisfied with the court within 5 days of today....
    Day 1 july 4th friday
    Day 2 july 5th saturday
    Day 3 july 6th sunday
    Day 4 july 7th monday
    Day 5 july 8th tuesday ... Im sure the county court people will get off their buts THAT fast for this dude.


    In the event such action is not taken, I will re-open this matter and seek all legal remedies against you individuall, as well as "my company name", including violation of the consumer fraud act which allows for treble damages, attorneys fees and costs.

    BLAHAHAHA. seriously. He HAS NOT ONE COMPLIAINT in 2 years, and "we" commited fraud? Kills me what these guys write. If i wasn't well versed in business law, i might start shaking in my boots :weightlifter::nono:

    First off, at least in NJ courts, YOU CANNOT --REOPEN someone elses case. In small claims, even I, the plaintiff cannot re-open, they just dont exist. You can only delay civil case small claims suits, and even those you cant "re-open" If he did anything, he would have to try and sue my company for some BS, only of which i would go in front of a judge and show him all of my paperwork for this dipsh1t attorney not paying his invoice sine August 2007 until June of 2008. Because he didnt pay "his" bill, now my company is in violation of the consumer fraud act, yeah ok.

    Has anyone on here been sued "themselves"? I didnt think it was possible to sue the company owner as an individual as long as you are doing business under your company trade name correct? This fartcan needs a better education, especially since this is "HIS" field and he has made many legal errors from not paying his bill until this letter.

    With all else that had happend, over the phone "mentally" i figured id call the courts monday or tuesday when i find time, if they require a letter, i will write one that night and mail it out to them. After this guys BS demand letter, and all else considered, screw him. Let him be on the dirty end of the stick for a while and send out a few letter and waste all of his precious time trying to collect a few bucks, nothing i have to loose.
  2. farmboy1285

    farmboy1285 LawnSite Senior Member
    Posts: 574

    Wow thats crazy, It sounds like you know a thing or two about business law so I think that you will be just fine. Good luck, the American legal system really is a mystery to me:confused:.
  3. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    No I think the guy needs a tail whooping but watch out!

    Here in Virginia you also can't re-open a case, but what has happened before is the other party counter-sues and you might be all worried about what comes of it but you have no idea... Because the counter suit itself is no biggie, most of the time they don't even show up for court but it does waste your time and this is frustrating even then it's almost tolerable and understandable... But right as you're thinking that it's all over and this guy must really have a bug in his mind...
    They file a third piece of paper, quietly in the background...
    Because there exists a little known law that states when two parties just keep going at each other then it's no longer about right and wrong but it has gone over into a family feud type of affair... And then the court's attitude is these two feuding parties need to figure it out on their own and stop bothering the courts, and what happens then is the entire thing is dismissed due to prejudice including the original suit, (no that's not the exact legalese but it is "dismissed due to prejudice" and I think that might be what this guy is after, and hopefully I am wrong and he's just out there but folks will do almost anything to get out of paying too).

    So I'm not sure what to tell you, the only thing I can think of, this prejudice thing isn't something to be used for just any other reason such as to suit yourself either...
    That is, if or when it's used in order to take advantage of it, like for example to get out of paying a debt, that in and of itself is a breach of the law and a half serious one at that, I would think at the very least it's contempt of court or something along those lines... Anyhow...
  4. Richard Martin

    Richard Martin LawnSite Fanatic
    Posts: 14,700

    Unless you are incorporated you can be sued.

    It is possible and easy to place an item on someone's credit record without their SSN, drivers license or credit card info. If you have their name and address then go to www.olddebts.com and they will be glad to put it on that person's record for a fee. I've done it before. It really gets someone's attention when they find out. If the person cares about their credit record you usually hear from them right away. You've heard from your guy.
  5. Nosmo

    Nosmo LawnSite Bronze Member
    Posts: 1,216

    In most or all states that lawyer or anyone can sue you the business owner. Example the style of the case would be :

    Lawyer Jones


    Bill Smith/DBA Smith Lawn Service

    In Oklahoma after getting payment for the judgment in a small claims case the Plaintiff is supposed to file a release and satisfaction of judgment and provide a copy to the defendant.
  6. JohnnyRoyale

    JohnnyRoyale LawnSite Senior Member
    Posts: 616

    All lawyers are bottom feeders. I have an appointment with mine this morning and I'm gonna keep it short and sweet- he charges $500 an hour.
  7. hackitdown

    hackitdown LawnSite Silver Member
    Posts: 2,505

    I'd be tempted to inform the court that you were paid, making sure that the date of his payment was noted. Do everything you need to do to be legal and fair. But I might "forget" to send the jerk a copy. Then he can whine and stomp his feet for a while, and write a couple more nasty letters to you. Lawyer letters are only letters, they have no special power. Forget him.

    He may even file suit. Ignore the guy until the court date. Show up alone in your work attire and show documentation that you did everthing by the book. Explain to the court that this guy has been threatening you with lawyer-letters and lawsuits for months, just because he lost in small claims over a measly $300 for cutting his lawn. Which he paid...and you released him from. Explain to the judge that you really don't know what to do about all this lawyer-threat-letter stuff.

    Then of course, if the court discovers that he never paid the small claims fees, he could really get himself in trouble.
  8. Scagguy

    Scagguy LawnSite Bronze Member
    Posts: 1,522

    If you're incorporated, you and the corporation can be sued if it's pertaining to fraud. Well, at least in Texas. Long story short, my sister is going after a sizeable company in Dallas included it's owner who is named in a seperate law suit for some major money. She hired one the top attorneys in this state, so, we'll so how it goes.
  9. lawns Etc

    lawns Etc LawnSite Silver Member
    Posts: 2,272

    I seriously learned a lesson from almost the same type of situation now I will never work for any lawyers again too much headaches and tired of the threats
  10. jkilov

    jkilov LawnSite Bronze Member
    from MS
    Posts: 1,415


    The fancier the house the more people grumble about paying their share.

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