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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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BizIPEsq Please look at my First Q "have been doing HVAC work

Resolved Question:

BizIPEsq
Please look at my First Q "have been doing HVAC work now for a better part......

They responded that I should provide an accounting and itemization based on the records currently within MY POSSESSION my possession.

6-"Because neither DEFENDANT nor it's principle have timely provided an accounting as required by previous judgment against Defendant, as sole owner of XXXXX, shall cause an accounting to be provided to PLAINTIFF within 30 days. Such accounting shall include an itemization with supporting documentation"

7-"To determine the sole remaining issue, such accounting shall detail all payments received from plaintiff and proof of any expenses actually incurred by Defendant. Pursuant to FL STATUE 86.061 authorizing "Supplemental Relief" in a declaratory judgement action, the court reserves jurisdiction to calculate and determine any refund due Plaintiff based on such accounting."

I did bring to your attention the STATUE in our previous session mentioned above.
And you replied "I have the right to ask for Documents"

They have all the the receipts I have nothing. When I get back from a trip I give it to them.

Please advise how I get this resolved at court for discovery (if i use the correct terminology)
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

sure thing.

BizIPEsq. :

At this point you need to comply with their motion unless you believe that the accounting they require does not apply to the judgment

BizIPEsq. :

If it does not apply to the judgment then you can object to this demand by asking the court to intervene and determine whether such request is reasonable and appropriate or not

BizIPEsq. :

if you intend to comply but need additional time you should get in touch with their lawyer and ask for an extension of time because you will not be available. If the the attorney agrees then ask the attorney to put it in writing. If the attorney does not agree you can petition the court to extend the time to comply with the request

BizIPEsq. :

in court the pro-se clerk may help you however since the default judgment is against the LLC it is likely that the pro-se clerk will not be able to help. But it's worth trying.

BizIPEsq. :

BTW, do not supply any additional information to their attorney as to where you're going, why or any other information beyond what you are legally requested to supply

Customer:

I'm sorry this is going in the wrong direction. I know that I need to comply. How do I know if the accounting does not apply. Are you saying that it can be rejected completely or get the court to make them surrender documents. One thing I can ASSURE you if those documents do get released they will not be complete I can cross reference with my credit card. I know you get paid by the Q, I'm going to keep you busy but my girlfriend gave me a budget, mercy please

BizIPEsq. :

The scope of their inquiry should not extend beyond the judgment. So for example if the judgment is about something the LLC did in 2012 then records of 2011 would not be relevant. You need to review if the documents they are asking are relevant. To the extent that you are unsure or have a funny feeling that their request is not applicable then you have ability to ask the court to limit or amend their demand for documents

Customer:

Their basis of all their actions is my INVOICE dated 20 Jan 13. demanding payment of $XYZ for work performed AUG. 19 trough Sep. 10 2012 and Dec. 3 trough Dec. 19 2012. They make reference to dates on my invoice ONLY and only once they mention "late 2012 and 2013 in her affidavit. No dates anywhere accept court dates in all the papers I have

BizIPEsq. :

I see. Can you explain how is this invoice important to them since they already have it (I assume you submitted it to them) If they have it why do they need it again?

Customer:

Dear sir I know very little about this whole process. and believe me I had "professional" people look at their origenal suit and here I sit. I am not saying they need the invoice again what I'm saing that I INVOICED them and a war started. they never expected that I would invoice them look at my history with them. I can do this for years. THEY have been bankrupting me for as long as I can remember(SPILT MILK) if it is allowed we can save ourselves tons of time here if I can get my origenal suit to you. They ignored my Invoice like all the other request I have for payment. And the BOM dropped when the cattle lien got placed on their equipment in WA. That was done on a contingent basis with no chance that I was going to loose. they counter sued here knowing that. The LLC, both parties reside in FL, the accounting of how I got to the money I demanded for the work being done and that I am a contractor and not a employee

BizIPEsq. :

What they are asking for is a break down item by item of all payments received by you from them and proof of any expenses you incurred. Basically you need to provide them with copies of any checks they paid you (if you don't have a copy then maybe your bank can provide a copy of the check you deposited) or if paid by cash then an acknowledgment of how much you received and when

BizIPEsq. :

they also ask that you provide them with receipt for any expenses you incurred. For example if they normally paid you for travel expenses then provide a listing and receipts for all such expenses.

Customer:

Understood. But they have everything, I hand everything over as soon as I come back from a trip. When we were still talking I asked several times for my reimbursement. the reply was that she does not have the time. This was when they were invoiced already. I suggested that I do it and she handed it over, it was a Friday. I have copies of each stack with a total written on a sticky pasted on top of each stack. I sat in a office to do the totals where I added it all up. when I was done the whole admin was shut down, and copies could not be made INDIVIDUALLY. I hid the file were I could find later. Saturday she called me (LEFT ME A VOICE MAIL, still have it on my phone) and threaten me to bring the file back or she will not pay me anything she forgot to switch the phone off and her husband commented saying that I was manipulating the documents and she replied that I can not do it and that she would be able to tell if I do. I looked at my messages the Sunday, returned the file with the totals written on top of each stack eg. FOOD, TOOLING ext. COPIES was not made I did not have time for she was or is impossible to deal with, she promised to make me copies and said that she would go trough it all. She never came back to me with copies or a agreement that my calculations was good or bad. Plaintiff's, motion for summery judgment~"Plaintiff believes now to be INSUFFICIENTLY to the contracted-for work to be compensable"

Customer:

Judge ordered accounting to be submitted 30 days from 10 July '13

BizIPEsq. :

If you are going away and they do not agree to extend the time to submit the documents until you return from the trip your only remedy is to ask the court to extend the deadline. Tell the court you intend to comply fully but that you have to go away.

BizIPEsq. :

as far as them not giving your invoices, well this would the opportunity to get the accounting done once and for all . This time the judge is going to make sure it gets done

Customer:

Do not understand Sorryyy

Customer:

How do I get Accounting done if they do not want to release documents

BizIPEsq. :

the order is for you to release information not for them. Any information that is missing which makes it impossible for you to release information you should note that they are refusing to provide you information that would allow you to provider the court ordered accounting

Customer:

I'm so sorry my complete incompetence regarding legal matters leave me very embarrassed. So I request to go away and at the same time proof to the court that they refuse to comply with my request

BizIPEsq. :

I completely understand. This is a very overwhelming situation.

BizIPEsq. :

the goal is to communicate to the court that you are ready and willing to comply the its order after you return from the trip

BizIPEsq. :

and to let the court know that you are doing your best and they are being difficult in not initially providing you with the information you needed

Customer:

Please I need a friend to come and read this and make sure I understand whats going on. Regardless my rating on this is a primo EXELENTE, if we can continue great, if you need a rating I understand, please be patient with me. Regards

BizIPEsq. :

Please give a rating and your friend can always read this. Thank you

Customer:

What you say is if there is something that I left out we can come back. REALLY would like to save my Q's for there is so many.

Customer:

I will post some right now if you need to get more familiar with it all

Customer:

Need to go to court once with all my ducks in a row

BizIPEsq. :

Be aware that i am limited in how much I can answer for new questions

BizIPEsq. :

Please rate my service and I will try to continue to answer to the extent possible.

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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