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Legal advice

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Hammer1

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So I did some replacement windows for a friend, and He has paid me a small amount of the agreed upon price. This has been going on for a year and a half and I am ready to seek legal action. What should I do?
 
As an experienced attorney myself I would have to say your options are forget about it (the correct answer) or go to small claims court and spend time and money recouping relatively minimal expenses on windows. Shit sucks though...if it was an expensive project then go for it and get that money.
 
Wakeforest22890 said:
As a law student myself I would have to say your options are forget about it (the correct answer) or go to small claims court and spend time and money recouping relatively minimal expenses on windows. Shit sucks though...if it was an expensive project then go for it and get that money.
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Wakeforest22890 said:
As an experienced attorney myself I would have to say your options are forget about it (the correct answer) or go to small claims court and spend time and money recouping relatively minimal expenses on windows. Shit sucks though...if it was an expensive project then go for it and get that money.
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The deadbeat might pay if you just get a summons and serve him with a small claims Complaint, even if you have no plans to actually go through with it. You can get those forms from your local courthouse.
 
Hammer1 said:
So I did some replacement windows for a friend, and He has paid me a small amount of the agreed upon price. This has been going on for a year and a half and I am ready to seek legal action. What should I do?
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Ask him to pay you the rest.

That'll be $250. How do you want to pay me?
 
shoot all of the replaced windows with a bb gun…justice served.
 
My construction law is rusty but I think he's missed the statutory time limit for filing a mechanic's lien. Filing an unlawful lien is an actionable cloud on title, and the filer may be liable for damages but more importantly, for attorney's fees and court costs incurred by the homeowner. Somebody correct me if I am wrong on this.
 
This really does sound like a "sit down with the guy and ask him to pay you" situation. try and remain calm and don't bring up the nonpayment in the past. just tell him you really need to get paid now and ask him if he can pay you now and if not when. Maybe even work out some kind of monthly plan.
 
Be sure to bring a handgun.

Note: Handgun is for your own protection.
 
Wuffey said:
This really does sound like a "sit down with the guy and ask him to pay you" situation. try and remain calm and don't bring up the nonpayment in the past. just tell him you really need to get paid now and ask him if he can pay you now and if not when. Maybe even work out some kind of monthly plan.
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This. If that doesn't work then...

NYCDeac said:
shoot all of the replaced windows with a bb gun…justice served.
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Deacon923 said:
My construction law is rusty but I think he's missed the statutory time limit for filing a mechanic's lien. Filing an unlawful lien is an actionable cloud on title, and the filer may be liable for damages but more importantly, for attorney's fees and court costs incurred by the homeowner. Somebody correct me if I am wrong on this.
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You're right. Deadline to file a lien varies from state to state, but I don't know of any states with a deadline that lasts a year and a half.
 
Deacon923 said:
My construction law is rusty but I think he's missed the statutory time limit for filing a mechanic's lien. Filing an unlawful lien is an actionable cloud on title, and the filer may be liable for damages but more importantly, for attorney's fees and court costs incurred by the homeowner. Somebody correct me if I am wrong on this.
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ibleedgoldandblack said:
You're right. Deadline to file a lien varies from state to state, but I don't know of any states with a deadline that lasts a year and a half.
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correct. small claims court is the way to go, but even if you win, there is a good chance you will never collect.
 
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