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My husband owns small construction company. We had an

Customer Question
My husband owns small...

My husband owns small construction company. We had an account with 84 Lumber. Long story short, after keeping in touch with 84 about payments, the corporate office took account over and sent letter not only to my husband, but also to our customer about bill. 84 Lumber intimidated our customer into paying our bill. What kind of legal action or any can I take against 84 Lumber for their actions?

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

This was first discussed with manager of 84 Lumber Manager and then he contacted me and said that corporate office was taking over, so then I talked to a receptionist for collection dept.

Lawyer's Assistant: Of course. The best way to reach them is by emailing***@******.***

I'm done trying to talk to these people. What they did was wrong was it not/

Lawyer's Assistant: Has anything been filed or reported?

Not yet. I did have 84 send me an itemized list of our last order which was screwed up from the start. They charged me 865 Dollars to pick up material that was not needed due to pricing mistake by them and my husband.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just wondering if I have case since they intimidated our customer into paying our bill

Submitted: 11 months ago.Category: Legal
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Customer reply replied 11 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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Answered in 11 minutes by:
8/3/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,259
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. In this case, by going directly to the customer about a bill, they were not acting in good faith. They should have provided you a reasonable time to make the payment. This is especially true of you who made 84 regular payments to them for time. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue. Also, one of the things that I would start thinking about is the kind of Damages that you incurred. It is possible that you can argue thin the damages that you incurred would be a loss of Goodwill from your customer than ended up having to pay the bill.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Lawyer: Legal Eagle, Lawyer replied 11 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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