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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33798
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have had a few issues with my pool person, which caused

Customer Question

I have had a few issues with my pool person, which caused about $300 in damage the last time they worked on my pool. I have an outstanding bill of about $210 that I still owe them for services from the previous 2 months. I told them I didn't require their services anymore, and I would send them the bill from the last incident. Hoping this would just be a wash. I received a text message from them at 3am this morning telling me they have referred me to a collection company and to pay for the services from the previous 2 months. They said they will attach my name and address as a lien if not paid in 30 days, and will attach the cost of filing the lien as well. Then he states the lien company is not as civil as he is.
My question is do I pay for the previous 2 months, and then sue the company for what they owe us? If I pay, am I admitting a no fault on their part? And my other question is in his last statement to me via text, by saying the lien company is not as civil as he is, is this a threat?
Please advise
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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My question is do I pay for the previous 2 months, and then sue the company for what they owe us?

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Yes, they are two completely different issues. One is a contractual issue for services rendered and the other is a breach of contract issue for them damaging your personal property.

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If I pay, am I admitting a no fault on their part?

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No, not at all, you are just paying off the outstanding obligation on a contract, nothing more.

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And my other question is in his last statement to me via text, by saying the lien company is not as civil as he is, is this a threat?

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Yes, but it is not an actionable one. It is just likely a true statement that if it were referred to collection agency (which by the way isn't very likely) then they would try to intimidate and scare you into paying the debt. But legally it is permissible to threaten someone with legal action for a valid debt..

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So, pay the bill, get your estimates for the damages, and then sue him in small claims court for the cost of those damages/repairs..

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thanks

Barrister

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