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My wife and i own a lawn bussiness.. she was diagnossed with

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my wife and i own...
my wife and i own a lawn bussiness.. she was diagnossed with a terminal ill ness... so im trying to run it best i can .....heres the deal we are in florida and we have some costomers from canada. we do three houses for them thier rental houses they are investors two couples.... thay always have given us pre dated checks.. one of the husbands has always been an a hole and allways tries to get away with paying less and just not cool..the total we charge for there homes is 340.. and i have not heard anything from them in a while ..we go and do the work every week 4 man crew truck and trailor.... last night i opened the mail and recived a letter from my bank these people put a stop payment on a check.. dated may 1 wich pays for april we bill in arrears.. it is may 18 not a word from these folks i call the dude i said whats up why would you do that.. if your not happy just call... i asked the reason he said we have not been showing up.. i have state of the art GPS fleet tracking that proves we were there as scedualed then he said my grass looks bad small patch at one house ..i said why would you stop a check for all three houses for the month before and not even call.. i went to the properties there perfect trimming huge hedges and all kinds of work. i had to pay payroll and gas and insurance.. this butthead was hoping i didnt notace the check and keep going.. he basicaly stoll money back for work allready done....my wife is haveing sesures from the stress..... what can i do i dont want to let him get away with this..... please anyone help burried in medical bills scott in fl
Submitted: 2 years ago.Category: Legal
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5/20/2015
Lawyer: Richard, Attorney replied 2 years ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,027
Experience: Attorney with 29 years of experience.
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Hi! My name is ***** ***** I look forward to helping you!
First, let me tell you sorry I am for your wife's illness. This is a difficult enough time for you without clients such as these. I will certainly keep you and your wife in my prayers!
In connection with dealing this difficult client, since he won't pay you voluntarily, file suit against him. Because he has rental properties in Florida, you can file the claim in your county. You can file a claim up to $5,000 in small claims court without needing an attorney. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property they own to satisfy the judgment, including the rental properties. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons one is being sued, your debtor will want to settle out of court to avoid the judgment and the lien on the rental properties.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
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Customer reply replied 2 years ago
hey richard the amount owed is only a bit less than 500.. but its the way he did it geting my bank involved.. not giving me notice and making false statments is the GPS admisible in court can i make him pay more for stressing out my wife to the point of indusing a seizure. i guess that would be punitive im not a litigas person but tis guy needs a lesson since it was done from canada can any federal stuff come into play i would realy like to make him at least sweat and think next time he wants to mess with someone
Customer reply replied 2 years ago
i have pictures of the perfectly trimmed properties
Lawyer: Richard, Attorney replied 2 years ago
Yes, you can include a claim for not only breach of contract, but fraud as well which would entitle you not only to actual damages, but also punitive damages in an amount equal to multiple times your actual damages. The fraud charge will cause him plenty of problems because he will have to disclose it on almost everything. You could also contact the district attorney's office to investigate pursuing criminal charges for stopping payment on a check for bogus reasons.
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Customer reply replied 2 years ago
heres the bad news i dont have a contract we live on small island and i agree with a hand shake does that mess things up i have emails and invoices and canceled checks that makes it obviose we had an agreement and if it comes to it he will have to tell the truth
Lawyer: Richard, Attorney replied 2 years ago
That's ok. That won't be a problem. The lack of a written contract can be overcome by the concepts of promissory estoppel, detrimental reliance, and unjust enrichment. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, iii) Person B's failure to perform would be to Person A's detriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirement that the agreement be in writing. Your situation satisfies all the foregoing requirements. :)
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Customer reply replied 2 years ago
who do i go to first or who could draft one hell of a letter spelling out all this and make him right a check faster than one two three. i want him to know what a huge can of worms he opened up by being a dirtbag.....
Lawyer: Richard, Attorney replied 2 years ago
I can draft a template of a very strong demand letter for you. I would have to do that for you through the Additional Services option offered by JustAnswer. If that would be helpful, let me know and I'll extend that offer and you can then decide whether or not to accept. Fair enough?
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Richard
Richard
Richard, Attorney
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