Advice on dealing with a wack-job client

[Roverjoe]

Guys - I need some advice on dealing with a crazy client. It's a rarity that I run into this stuff, but from what I've heard this person is losing their mind.

Long story short, we designed (a remodel) something small for a friend of a friend (less than a $4,000 project :ack: ). They asked us to build the project (general contract) as well so we did. I asked for a deposit. We then got overwhelmed and I flipped the project to another general contractor, and I told the client that I would back out my true costs of material up to this point and refund the rest of her money. She said ok.....

I then got a crazy email saying I've been verbally abusive to her, she just can't be around me anymore, she doesn't feel comfortable in dealing with me and she feels that "we can't resolve this situation between us anymore"...I take this as she is going to sue me for a measley $1,800. She has a few of our tools at her house, and is holding them hostage.

So I then find out that she is unemployed and almost broke, and her girlfriend is moving out of the house. Her neighbor tells me that they have had nightly screaming matches and one of them stomps out of the house. I deduct that she is flat broke and just basically doesn't want to pay the bill anymore.

I don't do lawyers, never been to small claims court. I really just want this to go away. The work we've done up to this point has been top notch and I've documented with pictures.

Any advice?

Thanks,

Joe

 

[jhmover]

Put a mechanic's lien on the house, then enforce it.

 

[Drillbit]

What you need to decide is how you want to play this. You can be very mean about it and probably come out ahead money wise but if might or might not be the worth the hassle.
If you want to be mean send her a certified letter demanding your tools back, if she doesn't allow you to have them back (and doesn't have a written agreement saying she can hold them as colateral) then you can have arrested for theft.
I assume she signed something approving the project and budget. If so she will have to prove you did something to break the deal. This is rather hard to do in most places, espically if you have pictures showing what you have done.
Opition B is more practical but less fun. Call her tommrow and ask how much it will take for this to go away. Be friendly, say you are taking a beating this to and just want to move on. Whatever number she gives you (assuming it's reasonable) offer her 40-60 percent of it. If she is really broke she will probably take it. Have a lawyer draw something up for her to sign saying by taking the money she absolves you of everything. As long as you can get out of this at a number you can swallow its probably better than having some broad throwing a hissy fit. If opition B doesn't work its back to opition A.

 

[Roverjoe]

Thanks guys for the advice. Does anyone know about a civil standby to get our tools back? Is it worth it, or should I just do the certified letter?

I hope my work is document enough. I mean I have pictures of everything, but how can i prove labor? My costs show X amount of hours @ X amount of dollars per hour. This is what I pay my guys...sometimes under the table, but that is what I pay them.

I like the idea of just calling her and asking what this will take to go away. My sister is finishing up law school and I'm sure she would be happy to put some paperwork together for me. It can't be that difficult to do.

???????

 

[Andrew Homan]

If you can have a third party pick up the tools. If thats not an option have the Police or Sheriff do civil standby. I don't know the rules where your at so ask someone there who knows how to go about it first.

Good luck

 

[Roverjoe]

Thanks guys - the last thing in the world I want to do is get the police or lawyers involved. These people (ok just the cops ) have enough stuff to worry about, rather than deal with some crazy broad who wants to get something for free. However, I don't want to look like the bad guy just because I'm not being proactive, and she is...

Jesus, I have so much other stuff to do I just don't want to deal with this! :banghead:

 

[Andrew Homan]

Just protect yourself and keep your cool and don't give her any ammo to come back at you with (even though your in the right). I would think your local cops would rather help with a standby then investigate some BS claim she makes up later. my 2 cents

 

[jhmover]

I had some lulu out here owed me 5 grand for a move. One nasty letter from my attorney (cost about $200) and she paid up.

 

[eliaschristeas]

i'd hate to say it but a few heaps of bullshit have recently come my way - two HUGE favors get twisted against me. Both of them truley at fault.

decided to be the nice reasonable guy in situation "A" and got hosed in small claims
situation B, hired the meanest fucking lawyer in Beverly Hills and slammed the fucker and all the shit he was trying to pull face first into the dirt.

my dad was a contractor so i know your story all too well. he factored into deposits something he called the "idiot tax." if he sensed that people were going to be ball busters, hed inflate his rate which would inflate his deposit, leaving a nice contingency sum to throw at them and still come out ahead if he stopped 1/3 of the way through.

good luck!

 

[ptschram]

In my experience, civil standby is only an option after you get a judgement.

In most states keeping tools from a tradesperson is a big no-no.

Personally, I have never failed ot use the courts, otherwise, I'm sure the roads would be littered by the bodies of those who've crossed me.

I'm sitting on a DII right now that was picked up May 16. I have only spoken with the owner twice in that time period and have been promised a deposit, etc. I need to go to the DMV and get a bunch of trucks titled. When I'm there, I'm gonna begin the process of seizing the title to the truck. It's a long process and the best I can hope for is owership of a DII with a blowed up front driveshaft and huge gaping hole in the trans and probably blowed head gaskets as well.

Sometimes being in business means making decisions that have nothing to do with the services one offers.

 

[Roverjoe]

Guys thanks for your help. I've left her 2 very nice messages with all of my contact information (office address, cell phone number, office number and email) and requested a call so we can resolve the issue and I can retreive my tools.

My mom retired and now works at the court house in their little town part time. I told her the story and she is running it by the prosecutor who we've known forever.

If I don't hear back from the client by 5pm, I'm going to do a civil standby w/ an officer to retreive my tools. At that time I'm going to present her with paperwork to sign which which releases me of any and all responsibility related to this project. If she refuses to sign, she will be receiving a letter from my attorney.

You think this is a good course of action?

Joe

 

[ptschram]

Don't bother with the letter. You don't want to antagonize her any more than you already have.

There is plenty of time to resolve it after you have your tools and you're not standing their with a police officer.

It will be tense enough for both of you without adding more fuel.

In spite of what many think of me, I much prefer to avoid conflict and confrontation when it is not absolutely necessary.

 

[Roverjoe]

Ok, no letter from my attorney but I do want my tools back. Trust me I would prefer to settle this all through a simple phone call but that ain't going to happen.

 

[ptschram]

You can have the letter sent after you get your tools back.

In reading your original post, it sounds as though you may owe her money. If this is the case, refund whatever you think is fair, consider it done. If she is in the dire straits you think, she can't afford an attorney to sue you and if she tries small claims, you'll be able to tell the judge/referee that you refunded money in good faith. This will go far in the eyes of someone who hears sob stories and bad faith dealings every day.

 

[jhmover]

Don't feel bad....I just got a Chapter 7 notice from a company that owes me about $1500 bucks, which means I'll get fucked out of it by the court no doubt, or get a check for $1.98 as full payment. This is when you have to look at it as a tax write off and fuggedaboutit.

 

[Roverjoe]

We went to go retreive our tools today w/ an officer for civil standby. Guess what, no tools. She has no idea where they are. So I filed a police report for stolen tools. Luckily I take pictures and serial numbers of everything I buy. She also indicated that she is going to be taking me to small claims. Filing a lawsuit and lein this week with my lawyer...

What a pain in the butt. Why are people so damn crazy?? :banghead:

 

[Ed Cheung]

Will the police check on the local pawn shop?? Or maybe even your local CL?

 

[jhmover]

You get crazy clients once in while. I had one about 2 months ago, swore we scratched her hardwood floor and the whole floor needed redoing. She had one estimate for $700 and another for $750. I sent the floor company over we use. They fixed it while they were there and sent me a bill for a whopping $30 bucks. We fixed the one scratch we supposedly did, we did not redo the whole floor. Frankly I think she tried to set us up to get her hardwood floors refinished. After this, she even blasted me to her company. Obviously she had no credibility after a) not noting t his alleged damage while we were there, b) waiting a month to complain and c) claiming the whole floor in the whole condo needed refinishing when it was fixed for $30 bucks.

 

[ptschram]

We went to go retreive our tools today w/ an officer for civil standby. Guess what, no tools. She has no idea where they are. So I filed a police report for stolen tools. Luckily I take pictures and serial numbers of everything I buy. She also indicated that she is going to be taking me to small claims. Filing a lawsuit and lein this week with my lawyer...

What a pain in the butt. Why are people so damn crazy?? :banghead:

Now I'd be mad and pursuing criminal charges against the homeowner for theft.

She prevented you from retrieving them and when you did, they were gone. Call the prosecutor and perhaps a lawyer friend.

It is times like this that I am glad I have many friends who are attorneys and for one reason or another owe me favors.

In the meantime, go to every pawn shop in town. Be very careful how you ask your questions, pawn shop owners do not like it when folks accuse them of receiving stolen property. Someday, I'll share my pawn shop stories!

 

[LR Max]

Bad news Bro, you need to lawyer up. You've tried being nice and its only complicating/dragging this out. I'd suggest you go be a total dick, engage legalness, and basically go in for the kill.

This one chick and all of her friends will think you are an evil SOB but it'll be over by the end of the week, which is most important for you. You are already the bad guy in this (to her), might as well play your part.

A lawyer will know how to handle this quickly.

Do a google search for the nearest pawn shops to her house. I bet your tools are there or are still at her house (she hid them). Do you have a pic of this girl? Take it with you and see if you can get the pawn shops to determine if she brought them in. She probably used some story like, "Its my ex, he moved out" or "they belonged to my father who just passed" or something lame like that.

I used to always try to be the "nice guy". Didn't get me anywhere with peoples like this. But when you are more assertive, you get what you want and get to move on with life.

I've had similar problems, I try to be nice and then they pull this BS on me. One call from my lawyer and it all magically goes away.