Help JV, #$%@ the floor guy

[J_V]

Hey guys. I need you help. Let me fill you in on the story.

I just moved into a new condo recently. I don't live there yet, I live in the neighborhood, but I am still moving in. Anyway, I wanted to have the floors refinished, before all the furniture arrived, so I called this company, Mr. Carpet straight outt've the phonebook. The next day, the owner, Mike, comes by for the estimate. At first, he seemed cool enough. We talked for a while, he told me what he planned on doing, how long it was gonna take, etc. Before he goes, I tell him that these walls were a suede finish and that they are very expensive and they cannot be touched up. So if you put one scratch in them, the whole wall has to be repainted. It's something like $600 dollars a wall. He assures me they will be fine and that they won't get dusty or scratched. I was very worried about the dust getting on the walls, since removing the dust off would screw up the texture of them. I asked him if he would put up plastic on the walls before they went ahead and did their stuff. He said it would cost and extra $300 bucks so I told I'd do it myself. I went through and put up the plastic that night, huge pain in the ass, but at least my walls seemed safe.

So the next day, these two Polish immigrants show up, not knowing a word of English. I sign language my message across not to [censored] up the suede walls, and they say it won't be no problem in the best broken English they can muster. Then, they said it would be easier to do the edge of the floors if the plastic was off, so they took down the plastic.

Long story short, they really loused up the walls. Now, by this point, I was long outta there, and left my handyman to give them the check when they finished. He gives them the check that night. The next morning, I come back and see the wall's are messed up and tell the owner Mike that he needs to refund some of the money for screwing up the walls. He pretty much tells me to get lost, leaving me no recourse but to put a stop payment on the check.

Now, two weeks later and he's says he's going to a collection agency to put a lien on me for my $1780. He failed to get in touch with me at all before this time.

What legal actions do I have? I am ready and willing to go to small claims, but I don't want my credit to get ruined. I'm really pissed off at this guy and out of principal alone want to put up a fight. What should I do? I'm worried that once in goes to a collection agency, I'm not gonna have any measures to take. This guy has been extremely patronizing, so I can't let him off the hook.

Thanks in advance.

[WDC]

Taker him to small claims court for the cost of the walls. he will then have some incentive to negotiate.

[Freakin]

I'm pretty sure that unless he has sent you a demand for damages, he can't send you to collections. I would call a collection attorney and get him/her to evaluate your situation. I'd take him to court in a heartbeat if it was necessary. If I were you, I wouldn't try to screw the floor guy, but just settle the debt. Clearly, you owe him for floor work, and clearly he owes you for damages. If you did your homework before hiring him, then he should be bonded and insured. Verify with the county that he is a licensed contractor, and the proceed with small claims court.

Freakin

[SossMan]

suede walls? really?

[jason_t]

Some lawyers will meet with you for an hour or so for a consultation meeting. I suggest doing that first as they know best. I did this last fall, it cost me $50, but I received all the guidance I needed from that one consultation and solved the problem I was having without having to go to small claims court. They may even help you with preparing for small claims court if they suggest that course of action. Good luck.

The guy can't put "a lien" on you, or anything else, until he sues you and gets a judgment. He can send your bill to a collection agency. The agency can dog you for the money. Then they send you to a collections attorney, who will sue you.

The collections agency may threaten to report this to the credit reporting agencies. You should get someone familiar with the Fair Credit Reporting Act to figure out what they can and can't do. I am pretty sure that you can stop them from calling you, and maybe even reporting to the reporting agencies, if you promptly dispute the claim in writing.

[Any2ForU]

Talk to AC Slater, it looks like he can help you out:
[ QUOTE ]
BAGGAGE MANIFEST

1. Three dozen tracers, some for the .357, others for the .44 Magnum. They cause a huge yellow streak to erupt from the front of your weapon. The blue-tipped ones are incendiaires.

2. One Galco International shoulder holster for Model 39 Smith and Wesson or the Beretta 9mm auto.

3. One authentic Rommel Field Afrika Korps hat, khaki, silk-lined.

4. 20 red aerial pyrotechnic flares, hand-held, burn 6.5 seconds

5. Two books: "Get Even: The Complete Book of Dirty Tricks" and "Your Conduct in Combat Under the Law of War."

6. Two AlMar One Zero Special Forces/SOD knives, 9 inch blades.


[/ QUOTE ] You might want to read number 5 first. /images/graemlins/grin.gif

[turnipmonster]

what's the deal with the suede finish? did it come like that?

[hutz]

[ QUOTE ]
The guy can't put "a lien" on you, or anything else, until he sues you and gets a judgment. He can send your bill to a collection agency. The agency can dog you for the money. Then they send you to a collections attorney, who will sue you.

The collections agency may threaten to report this to the credit reporting agencies. You should get someone familiar with the Fair Credit Reporting Act to figure out what they can and can't do. I am pretty sure that you can stop them from calling you, and maybe even reporting to the reporting agencies, if you promptly dispute the claim in writing.

[/ QUOTE ]

Sorry, but this is quite likely horrible advice. In most states, companies who do work on real property have the right to place a lien against such property if bills for the work are not paid. They can do this before filing suit, in most cases. I strongly urge J V to consult with an attorney about this (assuming the damages merit spending $100+ for a consultation). Wading into small claims court unprepared is a recipe for defeat.

[LaggyLou]

Don't listen to any of the "legal" advice on this thread, with the exception of Hutz, who appears to know what he is talking about.

IMO, the easiest way to deal with this is to get the suede fixed immediately and then pay the man the difference. The safest way is to just pay him off, then sue him for the cost of the repair.

If it goes to collections it will appear on your credit report, and it will be hard to dispute because you do owe the money. Having this on your credit report will screw you over far more than the cost of repairing the suede yourself if you live any kind of normal life.

[sfer]

[ QUOTE ]
Don't listen to any of the "legal" advice on this thread, with the exception of Hutz, who appears to know what he is talking about.

[/ QUOTE ]

Free of any context except The Simpsons this is the funniest thing I've read this week.

I doubt that simply rehabbing a floor would entitle the contractor to mechanic's lien rights, but each state's law is different and perhaps in your jurisdiction this contractor would be entitled to file a lien.

The whole idea of a mechanic's lien here is stupid anyway because for one or two thousand dollars the contractor is not going to spend the money necessary to foreclose the lien. Unless JV is looking to sell his property within the next year, the lien issue (even if it is an issue) would not concern me.

But then again, I offer "horrible" legal advice, so what do I know.

[ QUOTE ]
Don't listen to any of the "legal" advice on this thread, with the exception of Hutz, who appears to know what he is talking about.

IMO, the easiest way to deal with this is to get the suede fixed immediately and then pay the man the difference. The safest way is to just pay him off, then sue him for the cost of the repair.

If it goes to collections it will appear on your credit report, and it will be hard to dispute because you do owe the money. Having this on your credit report will screw you over far more than the cost of repairing the suede yourself if you live any kind of normal life.

[/ QUOTE ]

With all due respect, JV, this is advice that should similarly be ignored and grouped in the "doesn't know what he's talking about" thread. All of this illustrates that perhaps the 2+2 boards are not the best place to seek legal advice, as apparently none of us knows what we're talking about.

[J_V]

No, you can buy suede paint. The problem is that you have to apply it with a special faux technique which I have seen very few people do well. And this technique spans the whole wall and thus cannot be fixed when screwed up.

[adios]

This is Tom Haley's wife. . . In regards to the suede paint; Home depot carries the paint that is by Ralph Lauren. There is also a pamphlet that will tell you the tools you will need as well as the technique. There are also people in the paint department that can explain how to apply it. It really has a cool appearance. God luck.

Cheryle Haley

[J_V]

[ QUOTE ]
This is Tom Haley's wife. . .

[/ QUOTE ]

I had no idea, that "adios" was Tom Haley. I was gonna post something about how "adios" was a walking encyclopedia, since he'd seem to be able to help me on every problem I encountered over the last few years. But for now, it looks like he'll have to share the credit /images/graemlins/smile.gif.

And I'm very new to this painting thing and while I admit to not picking anything out myself (my gf, did all the work) I've never heard so many people comment about how awesome the paint looks. I'm partly color-blind, so the compliments are new territory for me. If any of you rich young gun poker players are looking to buy a place, go with suede walls and a knowledgeable painter and you'll be very happy.

There are a bunch of other cool faux finishes as well for bathrooms and such.

[nolanfan34]

[ QUOTE ]
In regards to the suede paint; Home depot carries the paint that is by Ralph Lauren. There is also a pamphlet that will tell you the tools you will need as well as the technique. There are also people in the paint department that can explain how to apply it.

[/ QUOTE ]

I have to respond to this, just to clarify. My wife used to work at Home Depot. And her parents used some of this paint when they built their house. It's extremely difficult to apply correctly, so I would certainly pursue small claims court, and talk with a lawyer. If you try to fix it yourself, you may just screw it up further.

I agree it can look very cool. I just wouldn't assume that your random Home Depot paint department worker will be able to give you correct tips on how to apply it, that is a total crapshoot.

[hutz]

C'mon -- Lionel Hutz (AKA Miguel Sanchez) is a well-respected member of the legal community. He is an expert negotiator (especially when he signed-on to babysit Bart, Lisa, and Maggie) and a whiz in the courtroom (one of the best "law talking guys" around).

[hutz]

I'm not saying you consistently offer horrible legal advice, but if there were a "Legal Hall of Fame" none of your posts in this thread would help support your election.