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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have a retired general contractor got his lawyer to send

Customer Question

I have a retired general contractor got his lawyer to send me a collection letter for a job that he claims he over paid me on 5 years ago this harassment started one year ago after I terminated his son it was a library addition that was a bid amount, then was decided to remodel the existing old building with was agreed time and material so how would he come up with a over payment first job had additional work charged seems like a scam, job was completed nothing said about over payment until termination of employee .his attorney claims they will prevail in this case judgment this is the third letter and sill have not filed yet, what can I do
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
You can continue to ignore the letters and wait for them to file.Unfortunately, my suggestions for trying to resolve the matter reasonably rely on the party having a bona fide dispute - you can try mediation or some other form of dispute resolution, but if the other party is simply trying to make your life miserable you have 2 choices - you can pay them the amount demanded (after first demanding a "settlement and release" from the lawyer - don't pay without getting one), or simply ignore it and wait to see if they actually do file suit.If they actually do file a breach of contract claim against you, it is going to be the contractor's burden of proof to show that they were overpaid and you are entitled to defend the action on the grounds that you identified above (namely you did the work as agreed on and were paid appropriately).