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  #41  
Old 01-29-2013, 12:43 PM
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  #42  
Old 01-29-2013, 02:43 PM
underESTIMATED underESTIMATED is offline
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I don't think I should be continuing to post the details until this finalizes now that a court date has been set, but for those that have provided input and/or posted within the thread might like to hear the latest.


Court date was established back on 1/23, with 1/24 certified mailers being sent out.

Last Friday (1/25) I get a random email from the mom (again who pays all the bills - controller) about 8:15am asking
Quote:
Two checks were mailed to you on Jan. 5, 2013 and neither check has cleared the bank.

Did you receive the checks (mailed together)? If so, are you planning to cash?
I was on the road getting some errands run before the storm, and I wasn't going to respond anyways. I just thought it was funny and ironic to get this email out of the blue.

Then my email starts blowing up after the storm hits, and I'm plowing for an hour or so.

Quote:
Originally Posted by Email she sent to Attorney
I just left you a voicemail message regarding the certified mail for a Small Claim Complaint I just signed for.

I wrote [redacted] a check in the amount of $135.00 on Jan. 3, 2013 and mailed the check on Jan. 5, 2013. Attached is an email I sent to [redacted] just this morning at 8:09 asking him if he’d ever received my check, and, if so, if he was planning on cashing it. Certainly I would not have sent this email asking him if he’d received the check if I hadn’t mailed a check in payment of his invoice. As of this morning, that check had not cleared the bank.

There were two checks mailed at the same time. The other check was from [redacted] and I suspect they’ve been sent a certified mail, as well, with the same small claim complaint. [redacted] check, as well, has never cleared the bank.

I certainly can and will stop payment on both checks, but I want an affidavit from [redacted] stating that he never received either check before I incur the expense of stopping payment on two checks.

Also, my deceased father, [redacted], is named on your complaint. Why is he even involved?

You can reply to this email. I do not want to go to court over something as trivial as a check lost in the mail.
She forwarded that email, with another statement enclosed:

Quote:
See email below that I just sent your attorney. And to think that we were contemplating using your services for our [redacted] road property. I think you just cooked your own goose over a lost check for $135.00.
My goose was cooked along time, but certainly wasn't over these people or this other property that I wasn't good enough to do two years ago.


About 3:50pm another email she forwarded me that she sent the attorney:

Quote:
[redacted], I am forwarding an email [see below] originally sent to me by [redacted] asking about payment of another invoice that was originally emailed to me Nov. 20, 2012. On Dec. 18, 2012 he's asking for a status on the payment of that invoice which is almost one full month after the invoice was originally emailed. In that case, the check had been mailed the previous day, to which he replied “great”. [see attached email]

With the most recent $135.00 invoice emailed to me Dec. 31 which is the subject of the claim, he doesn’t email asking for an update on the payment will, he simply goes to court because he doesn't have payment in less than 3 weeks.

This time he just takes me to court when clearly in the past he followed up with me by asking when payment would be made. Had he emailed me in this case, then I would have known for certain that the check I mailed on Jan. 5, 2013 had never been received.

Does this makes sense to you?
Why on earth would you actively send my attorney an email, saying that you're were nearly 30 days late on payment, and now you think this is "just because" you're late???

She obviously forgot about the whole "I'm not paying for this, and I'm not paying for that" dialogue she had in the email.

Also, since she was able to find & attach my emails & invoices to give to the attorney, she apparently doesn't have the quoted emails from nearly 2 years ago? I save every email that I've sent/received (worthy of) since 2003 when I knew how to transfer the outlook.pst files just because of stuff like this.






Cliff notes:
I don't think there's any pertinent information that I posted above that could harm my situation, but is provided as a learning lesson for my fellow peers.
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  #43  
Old 01-29-2013, 03:54 PM
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I've had a few of those.I sent the check out,must of got lost in the mail.
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  #44  
Old 01-29-2013, 04:20 PM
underESTIMATED underESTIMATED is offline
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Quote:
Originally Posted by grandview View Post
I've had a few of those.I sent the check out,must of got lost in the mail.
I think she forgot to pay the rest of the bill(s) too.

Needless to say, I think they might try to satisfy this before court.

Which I don't think I will allow. A ruling against them will have much more emotional strain that they might consider not screwing someone over out of money again.

Or...the ruling could be in their favor, and I'm the asshat for doing business with them.
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  #45  
Old 01-29-2013, 07:19 PM
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Man I just can't stand people who try to screw the working man out of his hard earned living. I sure hope you get what is rightly yours!!
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  #46  
Old 01-29-2013, 07:42 PM
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Using the free site hosting, you site has ads all over it. Many of those ads are showing up as other snow plow companies. Do you really want to be providing links to other snow plow companies?? For about $4 a month, you have your own site. I mean, most people spend that on coffee, every single day.
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  #47  
Old 01-29-2013, 07:48 PM
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Quote:
Originally Posted by MSS Mow View Post
Using the free site hosting, you site has ads all over it. Many of those ads are showing up as other snow plow companies. Do you really want to be providing links to other snow plow companies?? For about $4 a month, you have your own site. I mean, most people spend that on coffee, every single day.
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  #48  
Old 01-29-2013, 07:49 PM
underESTIMATED underESTIMATED is offline
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Quote:
Originally Posted by MSS Mow View Post
Using the free site hosting, you site has ads all over it. Many of those ads are showing up as other snow plow companies. Do you really want to be providing links to other snow plow companies?? For about $4 a month, you have your own site. I mean, most people spend that on coffee, every single day.
heh?

You had me check all my websites to make sure I wasn't missing something...but I think you replied to the wrong thread?
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  #49  
Old 01-30-2013, 07:20 AM
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This is EXACTLY why I prefer written communication (email, messaging service, text, etc) over phone conversations, solely based upon the fact you have a WRITTEN dialogue of what transpired.

BTW they are going to make it seem like it is YOUR fault for not getting paid. BTDT.
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  #50  
Old 01-30-2013, 07:44 AM
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From the devils advocate side, why/how/what argument could there be to not get paid?
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  #51  
Old 01-30-2013, 07:59 AM
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Quote:
Originally Posted by underESTIMATED View Post
From the devils advocate side, why/how/what argument could there be to not get paid?
If they really wanted to be a dick, and had money to blow (or a lawyer already on retainer like a lot of property owners do) they would tear your contracts to shreds legally, finding any reason to not pay. "ironclad" is a term for battleships, not contracts, in this litigious society.

I hope that you find mediation and get it resolved, and your legal fees get covered. In my experience, it winds up costing more than it would have if I had just written the loss off. Yes, the fact remains there is the "principal" of the matter, however principal does not pay the bills.
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  #52  
Old 01-30-2013, 08:58 AM
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At the end of the day, it comes down to who the Judge believes. Anyhow, I think your doing well so far. You're beginning to get an emotional response from the other party, which suggests to me that she wants this to go away quickly. She wasn't expecting you to take this approach & sounds as though she's handling it herself for the most part. The last thing she wants to do is pay for council & go to court...not to say she won't. Keep the heat on & don't let your guard down. There are other outlining factors she's dealing with, that will steer her in the direction she takes...that have nothing to do w/ the case.
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  #53  
Old 02-05-2013, 03:47 PM
Shade Tree NJ Shade Tree NJ is offline
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Not sure of laws in your state but "theft of services" charges filed with police will usually get their attention!
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  #54  
Old 02-05-2013, 04:10 PM
underESTIMATED underESTIMATED is offline
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Quote:
Originally Posted by Shade Tree NJ View Post
Not sure of laws in your state but "theft of services" charges filed with police will usually get their attention!
I can't imagine any police department actually doing this, it's a civil matter...not a criminal matter. Despite the terminology.

Just like the bank doesn't want to get involved in "under protest" signing the check, they have no written documents to allow/disallow the check to be processed with that endorsement.

I've ridden along with a cop friend of mine 2x a year for 13 years now....they are better served actually taking more important criminal calls than responding to take a report on a civil matter.

Perhaps your state and perception is different, but it's just my opinion. <<< It wasn't meant as a slight to you.



No real update per se, but I did think they would have tried to settle this out of court by now. Especially with her email transcript? Maybe they will wait until closer to the court date.


I do think it's funny that the mom signed for her companies certified mail, but the son hasn't for his (probably thinking it will stall it?).

Last edited by underESTIMATED; 02-05-2013 at 04:13 PM.
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  #55  
Old 02-05-2013, 04:32 PM
Shade Tree NJ Shade Tree NJ is offline
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I would not call 911 over it but walk into police station to file the complaint. In NJ the government will do anything and everything to get an extra buck. Here's a link from a while ago. In NJ the police would fwd the complaint to the prosecutors office and they would decide weather to press charges or not.

http://blog.nj.com/reporter/2008/01/...t_of_serv.html
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  #56  
Old 02-05-2013, 04:50 PM
underESTIMATED underESTIMATED is offline
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Quote:
Originally Posted by Shade Tree NJ View Post
I would not call 911 over it but walk into police station to file the complaint. In NJ the government will do anything and everything to get an extra buck. Here's a link from a while ago. In NJ the police would fwd the complaint to the prosecutors office and they would decide weather to press charges or not.

http://blog.nj.com/reporter/2008/01/...t_of_serv.html
I'm certainly not a prosecutor, but I did just read over our Ohio Revised Code (ORC) regarding the theft of services ordinances, and I can't see one small inclusion for our industry. Certainly rental theft for rental properties, or actual tangible property. But not for unpaid services.

Here's our link: http://codes.ohio.gov/orc/2913

I think it would be a stretch and literally would be a waste of tax paying money to link a criminal charge. Though for my $2k oustanding balance I guess it's listed as a felony class, but making it stick would be tough considering it's a business entity, not a private citizen.
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  #57  
Old 02-06-2013, 09:39 PM
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I think id agree with woodchuck, I had a couple of small calims issues and it doesn't go as well as you would like at times. I'd take the money , tell them good luck with their next contractor, and pray for a foot of snow to fall in the mean time.
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