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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37028
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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A friend son said he could cut some trees down in my back

Customer Question

a friend son said he could cut some trees down in my back yard and take off the trees that were cut down. He cut up the branches but left all the tree truncks laying in my back yard. I was already going on vacation and left a check for $1,500 that I agree too to be given him when he finished. My granddaughter who is 20 said he came and told her he was finished and she gave him the check. Apparently, she doesn't understand what finish with a job is. I came back from a week vacation with my son and daughter in law and this big mess was in my back yard and now he won't come back and clean it up. I keep calling him but now he won't answer the phone and all I get is his recording. On the bottom of the check I put all things he said he agree to do for the money. I can't stop payment cause he went and immediately cashed the check. Can I do anything to force him to complete the job like he said he would do. I'm 68 and a woman I can't physical do the job myself. He had always before did the right thing, now he's running with the money. I'm also sure he not reporting any of his earning to the IRS. Am I stuck having to find someone else to clean up what I have already paid for. I'm a widow and on a fixed income.
Submitted: 11 months ago.
Category: Legal
Expert:  Barrister replied 11 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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If he won't come back and finish the clean up, then your recourse here is go get a couple estimates from other contractors about what it would cost for them to clean up and then file a small claims court action against friend's son for breach of contract.

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The court clerk will have the summons and complaint forms you need to file and you don't need an attorney. Once you file, the clerks will help with getting the sheriff to serve the summons on the person. Then you just come to court and tell your story to the judge and get your judgment.

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But realistically, once the person gets served with the lawsuit, if he has any sense, he will just contact you and then come clean it all up so he doesn't have to go to court..

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thanks

Barrister

Customer: replied 11 months ago.
Thank you I'll gladly pay the $47 but I can't afford the $47.00 every month. You got right back to me I appreciate the advice you gave me. Seems like everywhere I go all these people take advange of me cause I don't have my husband any more and I'm easy target because they know men took care of this stuff and most women don't know about these thing until we are taken advange of and money we are forced to live on is taken away by dishonest people. Thank you again
Expert:  Barrister replied 11 months ago.

No worries, as long as you didn't sign up for a subscription, it is only a one time charge. You can double check with JustAnswer's customer service to make sure you didn't accidentally click on a subscription option.

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And you are very welcome. Anytime you have questions about just about anything, just come on the site and ask one of the experts here... They are some of the most knowledgeable people I have ever run across in virtually every profession and there is no ulterior motive with us...just quick, correct, legally accurate answers at a reasonable price..

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Thanks much

Barrister