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I thought you would enjoy their email back. They never did

 
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  • Answered by:LegalBeacon
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Customer Question

I thought you would enjoy their email back. They never did say what they would settle for..how much they would pay us and when. What if they sue us before we can sue them?

I'm sending this email per Stan's response.
1) we have no intentions of settling for $400,000.00.
2) we told Craig we would have a list of our differences including expenses from our CPA after September 1st. We are still willing to do this.
3) we told Craig we would pay $150,000 as soon as we collected our summer crop insurance and settle the balance after we agreed on amount - either party receiving or paying money.
4) after receiving this threatening email if Craig is interested in discussing a settlement on parts he did not follow through with such as hedges, wells, fencing, First lien note assumption, payment on supposed note to us, interest on first lien note, completion of down payment, Funding and completing of hedges, removing hedge money without our permission or knowledge and several other pertinent issues. We are interested in hearing a response. Then we will discuss a settlement.
5) you wrote us a letter and backed out of the deal entirely. You told us to sell the farm for whatever it brought without regard for where Deanna would live. You told us in our meeting at PF Changs she could live anywhere, the information we provided you refused to look at. You were done. You also bought the farm for $2,000.00 an acre, shook hands on it and backed out of it as well.

If we do not receive an email response this Friday July 20th from YOU expect to receive a law suite from our attorney the following week.

All further communications we want in writing for Alison to read as we do not know what she knows because you Craig constantly change and have changed the deal from the beginning.

Any communication to anyone other than with Deanna, our attorney, your attorney or me will be deemed as a threat on our livelyhood a damage
suite will be filed. Take ownership of your part and get this settled.

Gossett's

 

Optional Information:
Country relating to Question: United States
State (if USA): Texas

Submitted: 334 days and 18 hours ago.
Category: Legal
Value: $25
Status: CLOSED
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Expert:  LegalBeacon replied334 days and 18 hours ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Interesting. I would simply file your suit. They are not going to sue you first, but in the unlikely event they do, simply counter sue with all your claims. There is no need to let the emotions here escalate.

Customer replied334 days and 16 hours ago.

There is an important payment they are expecting on September 1st. They will receive the first $157k payment on a 5 year lease where they are leasing the Farm. When the sold the Farm, they got cash of $1.4 mil at closing to pay off debts of $1.1 mil, and a 5 year lease back of the Farm. They then lease the Farm for 5 years for $768k. So they are nervous that the first payment of that 5 year lease wont be made on Sept 1st.


Im worried that the TRO that my attorney is attempting will somehow disrupt this payment and they will blame me and then sue me for the $768k. Crazy. But Im also worried that the longer I don't file a lawsuit...other may sue.


So is it a good idea to not do a TRO to try to stop this $157k?

Accepted Answer

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Expert:  LegalBeacon replied334 days and 15 hours ago.

If this were me, I would file my suit without the TRO. I don't think you'll get it and you don't want to do anything to cause that payment not to be made.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.3 %
Accepts: 14043
Answered: 7/20/2012

Experience: Attorney/Developer

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