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Joined: Jul 2004
Posts: 1,651
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jul 2004
Posts: 1,651 |
I am sorry since there is no other solution to your problem get a beer sit back and then think about things!! lol j/k
Serious go get a [censored] lawyer!!!! wtf are u still thinking about.
There is a fire under your a$$ so why aren't u jumping up yet. Stop being such a girl and man up. Your ballz will pack themselves up and leave, if you don't do something about this.
Not trying to be rude, Man up already!!
I reject your reality and substitute my own.
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Joined: May 2000
Posts: 3,335
Hard-core CEG'er
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Hard-core CEG'er
Joined: May 2000
Posts: 3,335 |
Lein the people's houses and sue the [censored] out of him. Its amazing how quick a contractor can make money appear when he has the homeowners on his back. I have been there before, and that way worked. The problem, is if it was long enough ago, you may no longer be able to lein the homes.  Utah has a period of, I think, 90 days to do this. Thankfully I havent had to do it in quite some time. His bad reputation will spread a lot faster and be more damaging then yours will. If you are worried about pissing off the homeowners talk to them first and let them know what you are going to do if your not paid.
· Jon Miconi
· Coming Soon!
· 01 Cougar
· 98 V70R
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Joined: Jul 2005
Posts: 301
CEG\'er
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CEG\'er
Joined: Jul 2005
Posts: 301 |
Good luck getting paid if you had nothing in writing.
I went through something rather similar a few years ago. Three of us ran a very successful Internet-based business. I did the programming, my best friend did the sales/marketing, and this other guy owned the corporation and handled all the administrative stuff.
Well that guy got greedy, locked us out of everything, ran the company and took all the money for himself for a while, and then sold it off. I don't know how much it went for, but it was valued well into the six-figure range when we got kicked out.
Our partnership agreement was strictly verbal. All the source code was copyrighted in my name, and we had emails/IM conversations where we all three talked about it being a partnership. Nonetheless every lawyer I talked to either flat-out refused to take the case since nothing was in writing, or offered to take it with a hefty sum up-front and didn't seem very optimistic.
My friend and I have since started up a competing business and it's doing very well. No third parties are involved anymore, for obvious reasons. So it all worked out for the best in the end..but still, not a day goes by when I don't kick myself for not getting things in writing!
Another thing: This guy sounds like a real scumbag. I would talk to a lawyer before taking out any liens. Reason being, with you having nothing in writing and his ability to project this charming good-guy image, it's possible that YOU could get in trouble if a court decided that you were falsely imposing liens on him.
Your best bet would be to track down and talk to other people who he's screwed over. Find out if any of them have any written agreements, and if they've retained an attorney. If so do what you can to join forces. Aside from that or stooping to his level (blackmail, threats, etc.) and likely getting into trouble as a result, you're probably out of options.
Last edited by rearden; 08/16/05 10:32 AM.
'99 Contour Sport V6 MTX
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Joined: May 2000
Posts: 21,197
I have no life
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I have no life
Joined: May 2000
Posts: 21,197 |
Originally posted by svtProdigy:
thats my problem. We have no contract. When i started there i never had been independent before. I thought with no doubts that i could trust him. I did not know something like this was required or recommended.
You're F'd.
-'96 SE MTX 3L
-'98 SVT 1,173 of 6,535
-'05 Mazda 6s, loaded, g/f's ride
-Need a 96-00 manual on CD? PM or email me
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Joined: Jul 2001
Posts: 3,037
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jul 2001
Posts: 3,037 |
Bang his daughter like a dirty, dirty girl.
"Think of it, if you like, as a librarian with a G-string under the tweed." Clarkson on the Mondeo.
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Joined: Aug 2004
Posts: 5,882
Addicted CEG\'er
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Addicted CEG\'er
Joined: Aug 2004
Posts: 5,882 |
Originally posted by 96RedSE5Sp:
Forget all the [censored] about suing for pain and suffering and for your legal fees. It ain't gonna happen. In most states, pain and suffering is NEVER awarded in a breach of contract case. Unless you live in Engalnd, in almost every case, each litigant pays his or her own attorney, except when there is a contractual clause that provides otherwise. If you had paid an attorney $500 or so to draft a contract beforehand, you'd be in a lot better shape now.
I'd say you have two choices. (1) Pony up the money and hire a lawyer to go after the guy; or (2) Save yourself the expense of hiring a lawyer; complain to anyone who will listen and seek free legal advice on the internet from well-meaning car nuts who know very little about the law.
Your situation reminds me of that of a friend of mine. His transmission went. He needs his car, knows very little about transmissions, but does not want to pay a mechanic.
Originally posted by 96RedSE5Sp:
Also, forget about any lawyer taking this on a contingency basis. Any competent lawyer is going to require a retainer and will bill you on an hourly basis. This is not a personal injury case.
Assuming you hire a lawyer, the one thing you can do to save your lawyer time and save you money is to write out, in as detailed a manner as possible, exactly what your agreement was with the guy who is screwing you. Write this out in the form of a contract, as if your original agreement had been reduced to writing. Gather together all writings which have any relevance to your business dealings with this guy and write down, as best as you can recollect, every conversation that you had with this guy concerning your dealing. If you have had any past busines dealing with this guy, that would also be relevant.
Oral contracts are generally enforceable, but the burden would be on you to establish all the terms of this oral agreement.
everything this man has said is correct. you can't sue for pain and suffering in a contractual dispute and you can't collect for attorney's fees in pretty much any suit. you guys may be thinking of when the attorney takes his cut out of your award in a personal injury suit. sure, the other side is paying for it, physically, but youre paying for it literally. that's a contingency fee based case. there are no contingency fees in contract suits. they can always go either way and no lawyer is going to do that kind of work and possibly not get paid. my advice, have a lawyer prep paperwork for you inadvance (as already suggested) and if youre going to be playing big business man, as it sounds like you are, then keep a lawyer on a retainer!
sue him now. money recovered is better than nothing. and look at this way. you may only walk away with $5k but that's more than you will get if you dont take action AND think of how much HE will have to actually pay. he'll pay you and your attorney $13k PLUS $5-7k to HIS attorney to defend his shyster ass. For less than $1k your attorney should be able to send some letters to this guy advising that a lawsuit is eminent and settling NOW for X amount of dollars would be highly advantageous to him. ie save on his lawyer fees. most cases dont end up in court because of lawyer fees. most cases are settled outside of court. this is the first step in filing a suit against him and may in fact end up the last, so you dont pay $7k to the lawyer but just for his settling the case. $7k is his worst case scenario estimate. if that seems high, shop around. there's always someone willing to do it for less, but experience helps.
and on the brighter side of things: i just finished a year of contracts class. suprisingly, sooo many of the cases that end up in court are the ones without a written contract. ie tons are done verbally, most common between construction guys. sure, the majority do it in writing, which can still end up in court, although less to dispute, but sooo many are done orally too. especially when people know each other as in your case. not having it in writing does NOT mean your f*cked! it's just not as solid. your conduct you have done, aka work you have done, is evidence to your case. just make sure you tell your lawyer EVERYTHING! you dont want to spend a few grand just to later remember something that puts holes in your case. if you give him everything now he can tell you how strong your case is and if you should even pursue.
i dont know when this happened but i believe the average statutory limit for a contract breach is 1-2 years. depends on your state.
Originally posted by Tourgasm:
Sometimes you can mess up a word so bad that spell check doens't know what the hell you're talking about.
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Joined: Dec 2002
Posts: 1,506
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Dec 2002
Posts: 1,506 |
Looks to me like Bartlett IL straddles the county line between DuPage County and Cook County. In which county were the sales you did located? Where is the scumbag's business office? Those might impact venue, or where a suit is brought and should be heard, and thus indirectly may affect where you should go searching for an attorney.
Oral contracts can be established and enforced. Gather your information on the "course of dealing" history between you and scumbag from contracts you performed on which he did pay you. Your attorney will want that info.
Even if attorney fees are not typically awarded in breach of contract actions without a written clause providing for fees to the winner, other procedural mechanisms may be at your lawyer's disposal which would generate attorney fee awards. I'm not licensed and do not practice in Illinois but did go to law school there decades ago. IIRC, Illinois' civil procedure rules allow use of formal "requests to admit" and proving the matters that a party refuses to admit after such formal requests can generate a fee award payable by the denying party.
Meanwhile, that the scumbag drives a ferrari or lives in a house on a lake means next to squat about collecting your judgment if/when you win, as those assets may be hocked to the hilt so that he has next to no equity in those assets. What do you know about where this clown and his business keep bank accounts? Is his business set up as a corporation? Be ready to talk with the attorney about factors which would allow you to 'pierce the corporate veil' and sue the scumbag individually along with his corporation.
But yes, you do not just want 'an' attorney, you want a business litigation attorney active in Cook and/or Dupage County, and I doubt he/she is on this CEG board. If the attorneys you talk to locally do not do or want this kind of work, ask them to give you referrals to attorneys who do.
MSDS, SHO-shop Y, custom 2.5" catback; xcal2; 63mm TB, K&N 3530; Koni struts, Aussie bar; THaines forks, Quaife, SpecII, UR fly; DMD; Nima UD pullies; Stazi brakes; f&r Pole120 mounts. Just a daily commuter car. Silver '98 SVT E0 #3159
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Joined: May 2002
Posts: 3,667
Hard-core CEG'er
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Hard-core CEG'er
Joined: May 2002
Posts: 3,667 |
Originally posted by Jeb Hoge:
Bang his daughter like a dirty, dirty girl.
I prefer this tactic 
Diesel owns you
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Joined: Aug 2004
Posts: 5,882
Addicted CEG\'er
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Addicted CEG\'er
Joined: Aug 2004
Posts: 5,882 |
Originally posted by mbTDI:
Originally posted by Jeb Hoge:
Bang his daughter like a dirty, dirty girl.
I prefer this tactic
only if you videotape it and play it on the internet.  oh yeah, send him a copy as well.
Originally posted by Tourgasm:
Sometimes you can mess up a word so bad that spell check doens't know what the hell you're talking about.
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Joined: Apr 2005
Posts: 179
CEG\'er
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CEG\'er
Joined: Apr 2005
Posts: 179 |
I would try the 'legal' route first. If it does not pan out, I would 'get involved' in a family way. If your banging his old lady and in bed with his daughter It just may drive him insane. As far as I know, it is legal until he gets a court order against you being there. But it will most definitely mess with his head in the meantime.
95 Contour, Custom EVO bodykit, 2.0l, PNP Focus head, Stage 2 cams, Je pistons, Eagle rods, 4in1header, 2.5" header back exhaust(complete stainless), D P nitrous, ram air intake, 10mm wires, flamethrower.
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