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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116754
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I fired a contractor for work that was unacceptable and for

Customer Question

I fired a contractor for work that was unacceptable and for destroying my back yard. We did not sign a contract. I offered to pay for materials and subcontractor work only if I was provided proof of payment to subs. Never received an invoice or anything from contractor and didn't hear anything back from him until now (5 months later). Got a phone call said it wasn't worth his time and effort to pursue me and would take the amount I had offered him. A week later I have received a phone call from Recovery Solutions Group saying they represent the contractor. Do I have any options?
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If a contractor does negligent work and now they are seeking payment you would need to file a suit against him in court for the damage he caused to your yard and seek to take him to court for not doing proper work and for not paying the subs who did work on your yard. The only way to resolve this matter since he sent it to collections and since he took what was offered is to now take him to court for the damage and negligent work and you need to get a new contractor out there to inspect the negligent work and give you a report on what the issues are and estimated cost to make it right as that is the value of your suit against this sub.
As far as the collection company, if he took payment from you and said that was acceptable, you need to write a letter to the collection company telling them you are writing pursuant to the Fair Debt Collection Practices Act to inform them this debt was settled by accord and satisfaction by the contractor settling the debt for less than the full amount based on his negligent work and ask that they cease and desist any further communications. If you have proof of payment, attach a copy to your letter. Tell them if they continue to harass you over this settled debt you will pursue them for up to $1000 per violation, plus attorney's fees and will file a complaint against them with the federal trade commission as provided for in the act.
These are your legal options.
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