Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I hired a contractor who did a terrible job. When he realize…

Customer Question
I hired a contractor...

I hired a contractor who did a terrible job. When he realize his work is not going to pass inspection, he pocket the majority of the downpayment, and offered a small refund, together with a trap letter saying that once I deposit that refund check, he is released from all liability. I declined to deposit that check, and he threaten to get ugly if I do not deposit that refund check.

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Kansas. What purchase?

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

I already filed a claim against him and he counter suit for wrongful termination. He also made numerous false statement in the attempt to wear me out financially in the legal process. Is there a thing called legal bully?

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

Is there a fee for this ?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Employment Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

I am just looking for 2nd opinion. Maybe another time.

Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/16/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,332
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 (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks for your patience. Generally, there's nothing in the law that prevents bullying. However, it is possible that someone may be held liable for abuse of process. The legal term abuse of process refers to the act of using the legal process – during a legal proceeding – to harass another party to the suit, to intentionally incur costs with the intent that the other party will be ordered to pay those costs, or to delay the court action.

Proving abuse of process requires that certain elements be met. These include:

  1. There is an ulterior motive or purpose to the process
  2. The process, or some portion of it, is not proper in the regular course of the proceedings.

Thus, if you have reason to believe he's countersuing intentionally to try to cause you damages, you may be able to bring a lawsuit against him after the conclusion of this.

What other questions did you have for me?

Ask Your Own Legal Question
Customer reply replied 8 months ago
How do you prove ulterior motive? Does the threat to get ugly if I do not deposit his refund check (thus release him) count?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

It's difficult to prove that they had an ulterior motive. It could through emails, through witness statements, or anything you can find through discovery. The threat to get ugly may help prove that they had an ulterior motive to try to punish you.

Ask Your Own Legal Question
Customer reply replied 8 months ago
OK. I need to do something else now. Let me stop here and cancel the call order.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Understood. Did you have any other questions for me?

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24,657
24,657 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely 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:

Ely

Ely

Counselor at Law

24,657 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,408 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

44,066 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 Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
We are Wisconsin residents. We made a downpayment for some
We are Wisconsin residents. We made a downpayment for some home improvements to be done to our house. Later the same day we wrote out a check for a downpayment we had some concerns with the person (ca… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Two questions... What are the factors involved when determining
Two questions... What are the factors involved when determining weather someone filed a false police report? AND... Would my case fall under the category of obstruction of justice? I live in a small K… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
I hired a contractor to build a garden shed in my backyard.
I hired a contractor to build a garden shed in my backyard. He asked for a deposit of $875 with balance due on completion. After he started, he informed me he is closing his business and will refund m… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Sued my former landlord in small claims court for not returning
Sued my former landlord in small claims court for not returning my deposit and violating my tenants rights. Did not follow the 21 day rule of submitting proper itemized deductions on deposit. LL filed… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
On March 9th, I paid a $2,000 deposit to an A/C contractor
On March 9th, I paid a $2,000 deposit to an A/C contractor for a $4,000 job to be performed the following week. After meeting with several other contractors the next day, I called immediately to cance… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
Contractor is claiming change orders added to a contract price.
Contractor is claiming change orders added to a contract price. Owner did not authorize any changes, and disputed some as they were required by building code to be completed in a basement finishing pr… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I asked a building contractor to provide an estimate fro roofing
I asked a building contractor to provide an estimate for roofing over an uncovered deck on my house. At the first meeting he came, along with a framing sub-contractor and a structural engineer. In tha… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
My landlord did not refund my total deposit at the end of my
My landlord did not refund my total deposit at the end of my lease March of this year. I fully cleaned the condo unit and took pictures as well as had two people ( one from the home owners association… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
Hi. My handyman, who is unlicensed, owes me $4,983.00. We
Hi. My handyman, who is unlicensed, owes me $4,983.00. We had a contract for him to build a backyard dwelling and he decided not to and is not paying me back. He has put me thru a lot of stress and st… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I cant get all of my deposit back...i was charged for carpet
I cant get all of my deposit back...i was charged for carpet cleaning and painting...I was also charged $108 for cleaning fees...i reveiwed the pics and while the pics suggest some very minor cleaning… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
Can I sue an unliscensed contractor in Michigan for not having
Can I sue an unliscensed contractor in Michigan for not having a license if he has liscensed sub-contractors perform the actual work?… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
if i hired a contractor , then he fails to complete the
if i hired a contractor , then he fails to complete the work and also refuses to refund my deposit and he has a cerificate of liabilty insurance (general liabity ) is his insurance liable to pay me ?… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
A licensed contractor built my assisted living home in Tucson
A licensed contractor built my assisted living home in Tucson AZ. Construction began 2/2002, building permit finalled 2/03 & C of O granted shortly thereafter. In February 2007, we had a serious plumb… read more
socrateaser
socrateaser
1,031 satisfied customers
My 18 year old daughter and a friend rented an appartment ...
My 18 year old daughter and a friend rented an appartment in Kansas, when they went to college. A security deposit equal to 1 months rent was collected. Myself and the mother of the other girl were re… read more
NOT LEGAL ADVICE!
NOT LEGAL ADVICE!
1,470 satisfied customers
I entered into an oral agreement to buy a house and gave ...
I entered into an oral agreement to buy a house and gave the seller a deposit with the understanding a home inspection would be made. The house had major structural problems and I declined to proceed.… read more
Matt Kesler
Matt Kesler
Business Owner/Law Student
Doctoral Degree
1,646 satisfied customers
I entered into a home improvement contract with a 10%
I entered into a home improvement contract over a week ago with a 10% deposit. I now want to cancel; work has not started yet (the permit has been pulled) but I am past the 3 day allowable cancellatio… read more
Susan Roberts
Susan Roberts
Juris Doctor
715 satisfied customers
We lived in a Wisconsin 3-bedroom rental house for 10 ...
We lived in a Wisconsin 3-bedroom rental house for 10 years when the homeowner gave us 30-days to move as he decided to leave his wife and wanted to move his girlfriend in the house we were renting fr… read more
truthfinder
truthfinder
Educational Consultant
Vocational, Technical or Trade Scho
1,124 satisfied customers
I was in the process of purchasing a home and a few weeks ...
I was in the process of purchasing a home and a few weeks prior to the closing, I declined to go ahead with the purchase. I have earnest money deposit that the realestate and home owner want to withho… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 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