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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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I had work done on some cars and motorcycles by a person

Customer Question

Hello, I had work done on some cars and motorcycles by a person over the course of 2 to 3 years. We had a falling out. Now, more than a year after he completed the last work, he is sending me bills for outrageous amounts. He has no signed contracts for the work. I live in Arizona. Does he have any grounds? I have received all of my property associsted with these charges a long time ago with no liens. Chris
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Not a real estate question. can you re-direct?
JA: Has anything been filed or reported?
Customer: No, he has only been sending invoices to my home and various emails
JA: Anything else you want the lawyer to know before I connect you?
Customer: There is money that is owed to me. I do not have written confirmation of this, he verbally told me I would be paid.
JA: When we are ready I'll take you to the appropriate web page.
Customer: ok
Submitted: 11 months ago.
Category: Legal
Expert:  Maverick replied 11 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Customer: replied 11 months ago.
ok
Customer: replied 11 months ago.
I do not want to call.
Expert:  Maverick replied 11 months ago.

Since you are in possession of the vehicles, he cannot now obtain a possessory mechanics lien. If there was a oral contract between the two of you and if you are in breach of that contract or if he is in breach of it, then I suppose either of you could sue the other to enforce the terms of the same. So, breach of contract may be a ground upon which he can sue; however he may not win since there appears to be credibility issues due to a one year gap as you mentioned.

Please Note:

(1) The information I provide is general in nature and for educational purposes only. For example, it may help you identify the scope of receiving unbundled legal services from a local lawyer. It should not be construed as “legal advice” or as the rendition of “legal services” on any subject matter. I am not a specialist in any field. This information may not reflect current legal developments for your specific jurisdiction and is not guaranteed to be correct or complete. No attorney-client relationship is established without a signed written agreement and our communications are not confidential. Please do not act or fail to act based on this information alone. If you need legal advice or services regarding a specific matter, you should consult in-person with a local lawyer who can guide you after reviewing all the pertinent details of your situation. This disclaimer also applies to any telephone communications we may have.

(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours.

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Customer: replied 11 months ago.
do I disregard the invoices he keeps sending to my home? There have been 2 invoices sent and now he is adding late charges monthly. The invoices now total over $8,000.
Expert:  Maverick replied 11 months ago.

If you are worried about the late charges, then you would need to file a declaratory judgment action for a court order that states that the invoice is null and void because there was no contract or there was no breach of a contract supporting the invoiced amount.

Here is the law:

Article 2Uniform Declaratory Judgments Act

12-1831Scope

12-1832Power to construe, etc.

12-1833Before breach

12-1834Personal representatives, etc.; declaration of rights

12-1835Enumeration not exclusive

12-1836Discretionary

12-1837Review

12-1838Supplemental relief

12-1839Jury trial

12-1840Costs

12-1841Parties; notice of claim of unconstitutionality

12-1842Construction

12-1843Words construed

12-1844Provisions severable

12-1845Uniformity of interpretation

12-1846Short title

Here is a sample complaint/petition so you know how it works.

Customer: replied 11 months ago.
Can I file this action on my own or do I need an attorney to do so?
Customer: replied 11 months ago.
If I don't file this action, can it hurt my case at all. I have sent numerous emails and letters stating that these charges are not valid.
Expert:  Maverick replied 11 months ago.

1. You can file on your own if you feel comfortable doing so.

2. If you do not file then you can wait for him to sue you for breach; but if you lose, then you may end up paying the late fees assuming that the court believes you agreed to pay them. Also, he may hit your credit and then you may have to dispute it with the bureaus and if that fails then, you may need a court order like the one I mentioned to get it off your record.

Customer: replied 11 months ago.
Who do I contact about filing the declaratory judgment action?
Expert:  Maverick replied 11 months ago.

You file in court as it is a lawsuit. If you are not familiar with the procedures involved, then it is best that you hire a business litigation lawyer. See this link.

Please Note:

(1) The information I provide is general in nature and for educational purposes only. For example, it may help you identify the scope of receiving unbundled legal services from a local lawyer. It should not be construed as “legal advice” or as the rendition of “legal services” on any subject matter. I am not a specialist in any field. This information may not reflect current legal developments for your specific jurisdiction and is not guaranteed to be correct or complete. No attorney-client relationship is established without a signed written agreement and our communications are not confidential. Please do not act or fail to act based on this information alone. If you need legal advice or services regarding a specific matter, you should consult in-person with a local lawyer who can guide you after reviewing all the pertinent details of your situation. This disclaimer also applies to any telephone communications we may have.

(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours.

(3) When we are done, please assign a feedback rating.

Customer: replied 11 months ago.
Ok, can you tell me how much this session costs?
Expert:  Maverick replied 11 months ago.

It is the amount of the deposit that you placed; which I believe was $36.00.