Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have an Estimate from a Contractor. No contract, just an…

Customer Question
I have an Estimate...

I have an Estimate from a Contractor. No contract, just an estimate for materials and services for a room remodel. “This is only an estimate”. 50% upon acceptance, 50% upon completion. He cashed my $4750 check within 2 hours. He didn’t return the next day. The following day (Friday) he returned for 2.5 hours. No Show on Monday. That night I texted I wanted an itemized invoice for what he had done and the balance returned. He did neither. I am in the Town of Stevensville, it’s police will do nothing calling it civil. There is NO OTHER documentation. So if I go civil I cannot recoup any costs. Isn’t it theft? He has my money, I have nothing. No materials were delivered. BTW he goes by Energy Star Builders, a federally registered trademark. They thanked me for reporting if, but he still uses is.Thank you. Phoebe

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Montana, Dec 2015. I filed my report to the police in 2016. I’m also considering Dereliction of Dutieies as I never received. any formal. reply. On. the status of my complaint. My apologies. The editing. Of this has. Gone whacko.

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

SY. boy. I cannot. Control the entering of periods. Don’t know if it’s a software. Difference, this is an iPod. I filed a formal police report in August or Sept (broke my arm in)2June 2016 They contacted him, he said “she fired me” YES!!!!! So give me my money back. This is a typing nightmare I so apologize.

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

This is a typing nightmare. Nutshell, estimate, down payment, check cashed immediately, no show, I asked for my money back minus what I might owe him for 2.5 hours. ( the cursor is now below the box, it’s when it IN the box it’s tough). Police did nothing, I called the County Atty explaining and asking how do I file dereliction of duties (the officer, the Town, Mayor or all). Within 24 hours I recd a call from the Sherrifs office saying they took the file (last week). I am getting the hint again it’s civil. The Contractors reputation is horrible, law enforcement is notorious for claiming “civil” and walking.

Submitted: 5 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
11/14/2017
Lawyer: legalgems, Lawyer replied 5 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,569
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 5 months ago

I am very sorry to hear this;

if a deposit is paid and the contract provides that 50% is due upon acceptance and the money was provided accordingly, that would be partial performance of the contract (by the customer).

This would mean there is a binding contract.

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

It is correct that if there is a civil remedy the police usually won't get involved and will refer the parties to a civil venue.

The maximum dollar amount for small claims is $7,000; please see:

https://courts.mt.gov/portals/113/library/forms/civil/city_jp/civil-small.pdf

Normally the customer will send a demand letter before filing suit:

[Your address]
[Your city, state, zip code]

[Today’s date]

[Name of contact person (if available)]
[Title (if available)]
[Company name]
[Consumer Complaint Division (if there is no contact person)]
[Street address]
[City, state, zip code]

Re: [Account number or other reference to your complaint]

Dear [Contact Person]:

This letter is to [notify you {or} follow up on our conversation of {date}] about a problem I am having with the [name of product or service performed] that I [bought, leased, rented or had repaired] at your [name of location] location on [date].

I am dissatisfied with your [service or product] because [describe problem]. I have already attempted to resolve this problem by [describe attempts and actions taken]. I have enclosed copies of my records. [Include copies of receipts, canceled checks, contracts, and other relevant documents]

Unfortunately, the problem remains unresolved. I am hereby requesting that you: [List specific actions you want (such as: refund, exchange or repair the item)]

1)

2)

3)

Please contact me within [number of days] days to confirm that you will honor my request.
Thank you for your anticipated assistance in resolving my problem. Please contact me at [telephone number and/or e-mail address] if you have any questions.

Sincerely,

[Your signature]

[Your name]

Enclosure(s): [List attached document copies]

cc: [Name(s) of anyone to whom you are sending a copy of this letter]

A complaint can also be filed here:

http://bsd.dli.mt.gov/filing-complaint

and the department has jurisdiction to suspend/revoke one's license.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 5 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Legal Question
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,569
12,569 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What forms are needed to defend yourself in small claims
What forms are needed to defend yourself in small claims court and counter sue in small claims court? … read more
legalgems
legalgems
Lawyer
12,569 satisfied customers
Would the case number on the plaintiff small claim (that's
Would the case number ***** the plaintiff small claim (that's me now) form SC - 413 be the same case number ***** the original case number ***** by the plaintiff who sued me outside of small claims?… read more
legalgems
legalgems
Lawyer
12,569 satisfied customers
Can a small claims case that was dismissed with predjudice
Can a small claims case that was dismissed with predjudice be vacated? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What's theStatue of limitations for small claims court.
What's theStatue of limitations for small claims court … read more
Allen M., Esq.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
20,080 satisfied customers
Question in 2015 a small claims claims case was brought
Question in 2015 a small claims claims case was brought against me.On September 2014 … read more
Allen M., Esq.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
20,080 satisfied customers
I was served with a small claims complaint for 1400.
I was served with a small claims complaint for 1400. Claiming services were rendered. I did not sign a contract for services and they were only partially completed. Can I submit a counter claim for ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
Can an attorney represent a plaintiff in small claims court
Can an attorney represent a plaintiff in small claims court in Nevada? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
299 satisfied customers
I lost in small claims and I was the plaintiff. However this
I lost in small claims and I was the plaintiff. However this is a contractor's case and I am the homeowner who is out a lot of money to this person who walked off the job. The judge pro tem stated tha… read more
legalgems
legalgems
Lawyer
12,569 satisfied customers
Recently my case was dismissed in Small Claims 'cause the
Recently my case was dismissed in Small Claims 'cause the judge was waiting for an appeal decision on brought against my my neighbor for Wind Chimes. I had brought additional charges of purjury that h… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
299 satisfied customers
I need assistance with questions on a small claims suit
I need assistance with questions on a small claims suit involving a auto insurance company… read more
legalgems
legalgems
Lawyer
12,569 satisfied customers
I recently went to small claims and won the judgement but
i recently went to small claims and won the judgement but the judge awarded to the business of the defendent and dismissed the defendent. There were to claims, one for 5250.00 it was damage to my apar… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
Small Claims court. I bought a membership in a financial
Small Claims court. I bought a membership in a financial news letter. Do I send the Small Claims complaint to the individual making the recommendations in the news letter or do I send the complaint to… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a patient sue owner dentist in small claims if
Can a patient sue owner dentist in small claims if incorporated and arbitration was signed. How to dismiss this case?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Is small claims filed the same in or out of state? Atlanta
Is small claims filed the same in or out of state? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
I recently won a small claims verdict the defendant is
I recently won a small claims verdict the defendant is appealing my hearing is on Friday 3/23 in superior court. My original case was factual and I presented a paper trail and solid witness that I was… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
298 satisfied customers
Have a question regarding a small claims situation.
Have a question regarding a small claims situation … read more
Damien Bosco
Damien Bosco
4,124 satisfied customers
Regarding small claims court in Sacramento California. A VA
Regarding small claims court in Sacramento California. A VA refi required us to have a termite inspection. We contracted with Terminix to repair 5 spots with dry rot. The contractor Terminix sent sawe… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x