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I need to get some advice to deal with a business who try to…

Hi, I need to...

Hi, I need to get some advice to deal with a business who try to get money from me for no materialized service

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

VA

Lawyer's Assistant: What steps have you taken so far?

I havn't taken any steps. but need guidance

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I need to explain the situation, which i could update the lawyer for getting advice

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Answered in 5 minutes by:
5/15/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,689
Experience: Licensed attorney helping individuals and businesses
Verified
Greetings and welcome to the site. I am in the process of reviewing your question and working on a reply! I will be right back!
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Customer reply replied 3 months ago
I was rear ended and third party insurance paid for the repair. The repair shop mentioned about thr diminished value claim and gave one appraiser contact. Upon calling he said he will meet me and explain. He came and told, he will appraise the car and give a detailed report about how much value has been diminished. But for the service, I need to pay $350. But still, the claim is not guaranteed. Hence after discussing with my spouse I updated the person that, I am not going for a claim and doesnt need any report. He sent an invoice and threatens I need to pay $350 since he came to my house. He mentioned, he will ensure any and all appropriate actions to get the money.
What should I do, when I didn't avail any reports or help and I am not at all doing the claim. Also he didnt mention anywhere that he will charge even without a report.
You want to reject any demand for lack of services or authorization.A letter from you or a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it! It also may produce from the other side admissions or agreementIf the other side considers risk, legal fees and time you should get the outcome you seekYou have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Please let me know if the reply is acceptable by responding “yes” or “acceptable”If you need any clarification on your answer please just reply back and ask me. I will be glad to comment further. If you have a follow up, please hold off on rating and you can rate once in the end when I address your follow up. There may be a short delay if I am helping another customer or have internet issues but I will be back to you if you need me
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Customer reply replied 3 months ago
All the communication with that guy was through emails. When I informed him that I won't be paying any money since I didnt avail his service for generating an appraisal report. To which he replied that once i agree to go ahead and file a diminishing value claim, he drove 3 hours round trip to see my car and there appraisal starts(which he never mentioned). Now even if I decide not to avail his service for generating report, I need to pay the invoice.Actually I do no want to file a case against him immediately. I am just rejecting his claim that he did service (coming and meeting me upon my request) for which he demands payment.I would like to know what legal ramifications I could face in this scenario. I had never entered any contract, not signed any document. I asked him (via email) to meet up for the initial appraisal meeting to discuss things. During that time he never mentioned meeting me is a part of his service or any charge associated with that. Not even mentioned he is driving 3 hours round trip. After meeting he mentioned I need to pay $350 upfront for him to start work and generate the invoice. He invoiced without my consent to my wrong email id and mentioned explicitly in his email that I need to pay the invoice to start the work and generate the report. I gave the right account details and asked him to hold the invoicing until I decide to confirm a business. later I decided not to avail his service and since cancelled the invoice.
Just reject it for now. He likely will move on not wanting to risk the exposure I mentioned!
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Please click on the 5 star rating (*****) on the question page - that’s how I get credit for my time by the site. If you dont see the rating button, please just reply “5 stars” Much appreciated!If you need any clarification on your answer please just reply back and ask me. I will be glad to comment further. If you have a follow up, please hold off on rating and you can rate once in the end when I address your follow up. There may be a short delay if I am helping another customer or have internet issues but I will be back to you if you need me
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Customer reply replied 3 months ago
But he keep on emailing me stating that I owe him money and he will take appropriate actions. I am new to US and I have no idea how to deal with a legal sue, if he make.PFB the last email I responded to him. Please let me know if that is fine for the time being,
We never established a contract - I never paid you, nor did I sign any paperwork that would indicate the establishment of a contract between us. If you performed service outside of the establishment of a contract, it is a problem with your business model. When we spoke on the phone, you indicated that if I would like to pursue the claim against the insurance company, you would come to see my car and that afterward, I would need to pay you for you to initiate work and generate the appraisal report. Hence, I invited you to meet up and discuss in detail about the process and contract, as well as your service fee. I cannot confirm any business without knowing the aforementioned details! You did not inform me that you were driving 3 hours round-trip to come view my vehicle; however, in any case, you still chose to meet outside of a contract, so in the end, it is irrelevant how far you drove to come see my car.During the meeting at my house you revealed that the fee to commence work and generate the report would be $350, paid in full prior to you commencing your work on the appraisal. You explicitly mentioned this in one of your emails too, in which you stated, "The invoice needs to be paid before I can begin work on the appraisal." I then requested that you hold on taking any further action until I talked to the insurance company. You still invoiced me this time, to the incorrect email address without even consulting me. I provided the right account details and still asked to hold the invoice until I confirm to invoice me; however, again, you sent another invoice to my updated email address. I have never confirmed a contract with you and later I cancelled the invoice since I decided not to avail the chargeable services, which is well within my rights since we never established a contract.If you continue to insist that I owe you money, please provide any documentation supporting your claim that a contract existed between us and you provided chargeable services which was communicated to me earlier. To that end, I will make a payment in order to eliminate any potential for legal ramifications; however, I explicitly repudiate the existence of any contract between us, and I intend to contact the Better Business Bureau to dispute the claim.
You can ignore. You can tell him to stop or you can have an attorney locally send a cease and desist. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,689
Experience: Licensed attorney helping individuals and businesses
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