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Thank you for your question. The attorney general investigates consumer complaints in areas like this and it can assess penalties against you if you have done something that violates the WV consumer protection laws which prohibit you from making misrepresentations or acting in a deceptive matter when dealing with customers.
Your option of course is to file a response with the WV Attorney General's office to the complaint in a letter format. Also, since you are currently unpaid for your work, you can place a lien on the house or you can go ahead and sue the lady for the remainder of the payment.
If I were to go and fix what she claims the problem is can I demand the final payment after that in full or I have been in bad health and I have filed bankruptcy would the attorney general honor me sending her a letter and telling her to take the balance and find someone else to ease her mind
What exactly did she say in her complaint to the attorney general?
she didnt feel the work was completed she wants new drop tubes ceiling tiles replaced she would like flashing to be replaced she wants all the wood checked and the soffitt and facia taken down and replaced also if I filed bankruptcy can the attorney general asses penalties against me since I am no longer in business and I am no longer able to do the work
The attorney general will not likely take this kind of claim and will refer her to the civil courts. However, if you declare bankruptcy, it will stop all lawsuits that could be filed against you.
If you cancel your contract because you are no longer able to do the work, then you open yourself up to being sued for breach of contract. I would suggest contacting the lady, tell her she owes you the money, and tell her you will let her keep the last payment and get someone else to do the repairs that she claims are needed if she signs a release for you.
what do we do with the 200 dollar payment received we forgot to add her into our bankruptcy and we did not actually expect anything from her because she has been complaining she had damage to the inside of her home due to leaking that is why she needed the new roof well the inside damage was done from the previous leaks so how do we handle putting her into the bk
It was unclear that you've already filed a bankruptcy.
If you are in bankruptcy, you can't give back the $200. It has to become part of the bankruptcy estate. As far as listing her in the bankruptcy, you will need to do this as a person who potentially owes the estate money. Since the bankruptcy has already started, you can seek permission from the court to amend your documents to add her in as a debtor to the estate.
we had already filed and been dismissed we filed in august this contract was honored in july and finished before we filed her payments were to begin in november she made one payment and then today we received this letter from the attorney general