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Thread: Am I missing something here?

  1. #21
    GODFATHER JABSEN's Avatar
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    Re: Am I missing something here?

    If anything Jason You're trying your hardes to be really polite and professional in the email.

    Good luck with this

  2. #22
    Banned Jason_BANNED's Avatar
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    Re: Am I missing something here?

    Quote Originally Posted by NewGuyJim
    I don't have any idea, it's true. I do know, however, that he could take stuff said on this thread (which is getting heated and others in who say they know who you're referring to) and use it in a business defamation suit against you - either as a standalone claim or as a counter-claim to whatever action you might take against him. I'm not at all saying such a claim would be valid or he's going to win but why give him the ammo in the first place? You've already said the guy's in the business and you've told him of sites like this. You're giving him chance to jack with you even more. Just sayin....
    Jim,
    Your concerns inspired me to go back and read through all of my replies in the multiple threads dealing with this situation.

    To be totally honest, I was VERY supportive of him and VERY nice. Even when I recounted the last few excuses, etc. he was giving me I always tried to stay positive and said that I was holding out hope that he would come through.

    I never threatened him, either. I stated that I have the contact info to the BBB. If saying that could be construed as a threat even though he's committed mail fraud against me, that's news to me.

    Jason

  3. #23
    Obnoxious Nitpicker xyzzy's Avatar
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    Re: Am I missing something here?

    Beat him to the punch and sue him. $2,000 is small claims court, so that means that there won't be any attorneys involved. It sounds like you've got a pretty open and shut case for breach of contract. The only issue I see is if you lost any profits due to missing a con or something like that. He might get you on failure to mitigate, but probably not, since you were still negotiating in good faith with him.


    This space intentionally left blank.

  4. #24
    Hard Boiled Raphael J's Avatar
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    Re: Am I missing something here?

    This is really unfortunate Jason. You're definitely in the right on this issue, and this guy does seem like he's trying to intimidate you. At work, we had a guy threaten to call his lawyer on us after he kept a rug on approval for longer than we allowed him to (we normally give a customer three days, but he wanted two weeks. We gave him the two weeks, but he changed his mind after the third). It was resolved, because he was in the wrong and we had documents that he had signed. I really suggest that you try what Dave said. Good luck with this.

  5. #25
    Consiliere Jim T.'s Avatar
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    Re: Am I missing something here?

    Quote Originally Posted by Jason
    Jim,
    Your concerns inspired me to go back and read through all of my replies in the multiple threads dealing with this situation.

    To be totally honest, I was VERY supportive of him and VERY nice. Even when I recounted the last few excuses, etc. he was giving me I always tried to stay positive and said that I was holding out hope that he would come through.

    I never threatened him, either. I stated that I have the contact info to the BBB. If saying that could be construed as a threat even though he's committed mail fraud against me, that's news to me.

    Jason
    Jason - don't sweat it. I'm a lawyer and we're a cautious bunch. I just hate to see a good vent get used against you by a jerk (and b/c for my company I've trolled message boards where there's been bitching about us!). Xyzzy is right - take him to small claims court. It's not expensive and you can do it w/o retaining a lawyer.

  6. #26
    Hard Boiled TRILL, THE CARBON BASED LIFEFORM's Avatar
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    Re: Am I missing something here?

    The dude's trying to provoke you into saying something that is actually questionable for him to hold up in court if you sue him. The only way to deal with that is to kill him with kindness, but still stick to your guns.

  7. #27
    Right Guy citizenDave's Avatar
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    Re: Am I missing something here?

    Quote Originally Posted by xyzzy
    Beat him to the punch and sue him. $2,000 is small claims court,
    This depends on where you are. 2000 is pretty standard, but it does vary state to state.


  8. #28
    Banned Jason_BANNED's Avatar
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    Re: Am I missing something here?

    Quote Originally Posted by Goddamn Trillian
    The dude's trying to provoke you into saying something that is actually questionable for him to hold up in court if you sue him. The only way to deal with that is to kill him with kindness, but still stick to your guns.
    It's gotten even more weird. He's begun to refer to me as "Sir" in all of his emails now and they're worded MUCH differently than his previous ones.

    Also, odd: there is no record of anyone living ANYWHERE in his state. However, when I did a reverse search of his phone number, it comes up with his address and a TOTALLY different name.

    Jason

  9. #29
    Made McAfee's Avatar
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    Re: Am I missing something here?

    That is strange and not terribly surprising, really.

  10. #30
    Banned because I suck at my job DigiEmissary's Avatar
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    Re: Am I missing something here?

    He has absolutely no grounds. Even in today's fucked-up legal system, you need a little more than "hostile." He would also have to be completely braindead to start a baseless lawsuit after conducting business practices of questionable legality.

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