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Got a question... Discover Card Gift Card and Newegg.ca possible? Thanks in advance for any answer or 2. Another question on my mind: This may be a little off topic, but here is my situation. I contracted in September with Sears to do siding on my home, I am in Maryland, I put 30% of the job down, which left a balance due at completion of $15,600. Yeah, I know, I got ripped off. Anyways, I refused to pay the balance under the contract under their 100% satisfaction guarantee for several reasons. |
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I would like to know the answer too. Anyone here know what is the right answer to your question. I'll do some Googling and get back to you if I find an answer. You should email the people at Discover Card as they probably could assist you..
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I suspect he's pushing you to settle. but i'm no legal expert in anything..
I would have an independent contractor come to the house, write up an appraisal of the work that was done including damages and submit that to the attorney in response. do everything in writing.. I'm sure they know that they'll likely lose in court and are bluffing. but that's just my gut feeling of that letter... |
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Why is a mechanic's lien more intimidating? can't you oppose it?..
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Good luck. You've found the downside to being overly litigious...
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If any of the work is not up to local code I would notify my building inspector so that you can at least have him or her on your side...
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I am going to call the county building inspector to get them on electrical code violations, but the reason I am afraid of a mechanics lien, is I know I could win in regular court if they sued me, I would just take it to jury and stick it to them, but a mechanics lien, well you have to put the money in escrow and it is not released to them unless they fix the issues, but seeing as how they have screwed with me, I don't believe they are entitled to the entire contract amount now. There is alot more wrong with this install, just too much, and yes I have pictures. But pictures dont prevent a mechanics lien...
Any idea on the 15% Deal???? The siding definately did not add 15% to the value of the home itself, nor was the contract 15% of the value..so I am confused on the wording of the statute... |
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Don't know about the mechanic's lien or the law, but IMHO, there's no reason to be concerned as long as you have a lot of pictures with details as a proof of their bad work...
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They slapped you with a mechanic's lien, because they want to avoid going to court with you. Big corporations do not like people who know their legal rights for some reason, go figure?.
Do the opposite of what they want, take 'em to court. Document/photograph everything, even nail, every broken plant, every single nick and dent. Make sure the building inspector does a detailed job, and show him everything you have found... |
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Why don't you sue them? They're in violation of the contract themselves...write up a draft suit, and send a copy to this idiot.....
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They did not slap a mechanic's lien on me...yet..they say they are in the process. In Maryland, you cannot simply get a mechanics lien just for asking for one, it is a judicial process, you have to be served by private process and or certified mail, which I have not, MD is one of a few states that has this provision. I don't think their counsel knows this...yet. Im not signing for any certified mail, and there is a time limit, they have 60 days left to do the process..
My question is the way MD code is listed about the improvements to the extent of 15% of total value of building are only considered for mechanics liens, if that is worded the way I think it is, then I have nothing to worry about. I really don't want to get an attorney if I know they CANNOT get a mech lien, b/c I know they wont sue b/c they have never sued anybody in this state or the surrounding states for non-payment... |
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I dont want to sue, b/c like their atty said, I am a litigious person, and have filed many, many suits in the past, so many that an article was written in a newspaper about how many I filed, and how much money I probably made with my little "racket" the reporter said. I didnt think it was a racket, I was simply filing on every FCRA/FDCPA violation ever, and made enough to pay for a house, and that made alot of lawyers mad and one reported me to a local reporter who pulled all my filings and said I made a business out of it, and all the local judges now question my credibility b/c of that. It is a small tight knit area where I live and 99.9% of the cases settled until this reporter published this article, then EVERY Maryland attorney knew my name and who I was now I can't settle any case they fight everything no matter how solid a case I have....b/c of my past......
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They'll put a lien on everyone who does not pay, for whatever reason. Don't let that faze you. It's a standard practice of all contractors..
Those letters are fun. They're not being businesslike at all. They're trying to taunt you. Just follow procedures and get your day in court. Clearly the work was not properly completed according to contract. Do you have estimates / bills for the damage they did to your air conditioners or anything else?.. |
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If you don't want to sue, and I understand your point, it's the flip side of suing almost every one of your creditors/CA. (Or at least majority of them)You gotta pick and choose your battles..
But anyway, do as others say, I'm sure you still have a copy of their contract. Make a copy of it. Highlight the part where it says you do not have to pay if you are not 100% Satisfied. Name the Manager who came out and agreed that they messed up. Include copies of pictures, as well as copies of the report by an independent contractor. Once they see all this, I'm sure they'll back down from the Mechanic's lean, they know they won't win in a court of law if they push this. I would also go one step further and have everything motorized... |
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I am sorry I disagree..what you have said does not cancel the contract in md..as per md. law, they are fully.
Entitled to the mechanic's lein..only worry when you get served with the notice of perfection..you csn call. The mhic commission in b-more..o, no escrow, you must post a surety bond to challange...good luck.... |
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What about the Sears guarantee? Doesn't that open them any type of complaint?..
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Md.contract law states you have 72 hours to recind the contract..after that, even if you DO NOT do the work, the can sue to enforce the contract at face value..as for the a/c unit,you might have a claim, but it will be real hard to prove..the nails in the yard, on roof, grass does not affect anything..the only thing I seen is the siding nail [s], that could be your defense to a point, but they could argue warranty item or punch item..
Sending them a dv will not help in this case, sorry,.. |
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Interesting...I wonder if the same judges consider MCM or Asset as "litigious"..
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If they send notice of service to you certified mail and you do not sign, then after xxx number of days the post office will send it back to them. This return is just as valid as if you had signed for it. They can present the returned green card where you did not sign it and that is acceptable in a court of law as valid service as they show they made a good faith effort to serve you. Just refusing to sign it does not mean you can afford the service..
Now addressing your claim that their work was sloppy, I do see anything that you can argue that will justify your claim. I am basing this on the fact I own 32 rental properties and have dealt with contractors for the past 7 years as a real estate investor. here is your claims:. "faulty siding" - what is faulty about it? Is it hardiplank siding? Was it just not nailed in straight? What exactly is 'faulty'. "nail in hvac" - for most parts hvac are self contained units to withstand being outside in all kinds of weather and they have a weather proof metal covering on them. Roofing nails are usually 1" long so if they dropped some nails off the roof into your hvac, it ain't going to damage your havac. Even if you claim they climbed down ladder from the room and then nailed in a roofing nail in the side of your hvac, it ain't going to damage it.. "screwed up electrical via short" - do you have proof the electrical worked prior to them putting on the siding? Otherwise it is your word vs their word and the judge is just going to split the cost of a new electrical outlet down the middle.. "damaged downspots, grass, and plants" - cry me a river. Did they remove the grass from your entire front yard or you just adding this to you list to make your list of 'potential damages' sound bigger than it really is. Were you really expecting them to take off siding and put on new siding without damaging any plants planted next to the house?. I have seen enough court cases and I don't think you have a leg to stand on to justify not paying (with Discover card) for 70% of the work when 100% of the work has been done. At best I can see the judge giving you a 5% discount for the electrical outlet.. The fact that you see everybody in the world with something over 100 cases I think might say something about you you but I will with hold judgement. But from my perspective and experience dealing with contractors I don't think you will win a court case. I think the company will win a mechanics lien against you for the full amount owed if it goes to court. That is my opinion... |
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Can you get a.
3rd PARTY. To do a written report as to the corrections that need to be done and an estimate of their costs???.. |
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Well, I do have independent estimates ranging anywhere from 7000 to 10000, in damages that need fixing, but I offered to settle with Sears via phone for 1/2 and he said he has settled for that in the past, so he told me to put it in writing...and his response to me was this:.
Basically he said he could prosecute me criminally for intending to defraud the company, by signing the contract knowing that there was not the money in the bank (never said that), but he also said this. "Also, as you may not be aware, a mechanics lien runs against the property as well as the debtor(s) personally and it takes priority over nearly all other types of liens and judgments. In other words, we get paid before everyone else when your home is foreclosed upon.. Filing bankruptcy. Does not stop foreclosure and the tenancy by the entirety under which you and your wife hold your property does not provide a shield for either you or your wife in this case because the lien has already attached to the property and as co-owner she has benefited from the improvements made.. I have passed your offer on to the business managers and will let you know their decision.". I basically told him I would file BK to protect the equity in my home, as my wife was not part of the contract at all, and our equity is protected under TBE.. By the way, no lien has attached to the property, it is a judicial process which takes about 3-6 months in MD. But how can this lawyer say he can prosecute me for fraud????.. |
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He's blowing smoke.....
There was no requirement that you have money sitting in the bank to pay for it...you could have used a credit card, borrowed the money from your bank, gotten a loan from a friend or family member, etc. What company was this BTW?.. |
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It is Sears Home Improvement, when I didnt qualify for the financing, I said I would pay cash, I gave them my 30% down, and they required my bank account information to verify funds, which they did, they also required my SSN", I don't care if they sue me, but leave my wife out, they did send out a certified letter today of notice of intent to claim lien. It lists me and my wife (although I am only one on contract), her credit is perfect, mine not so much, but considering mechanics liens are judicial, how can he file suit against her too? (suit has not been filed), but this guy is a piece of work, he said I defrauded them (well, my deposit check bounced b/c they took 3 weeks to deposit it and I thought it was lost so I cancelled it, but immediately replaced it and they cashed it) and he said even though I wrote a "bad check" and replaced it I can be criminally prosecuted for that in addition to fraud for entering into a contract without intent to repay... this from another email he sent me..
"Mr. XXXXXXXXX,. The bad check is not the only criminal claim. However, the funds arrive as you have promised within the statutory deadline you have at least avoided the bad check claim and reduced the amount you owe Sears by $4,722. You will still owe the $19,100 remainder [$23,787 - $4,687 = $19,100] of the contract price for Sears€™ improvements to your Maryland home.. If you want to avoid litigation and criminal charges, you should pay all amounts owed by no later than close of business on November 30, 2009. If you pay the amount due on your contract, then the warranty will be in effect. Without payment, there is no warranty because you have breached the contract. ".. |
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If wife is on the title to the house, then she has standing for the purposes of the lien even if she is not on the contract itself...
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And were they able to verify funds? Who's their contractor? (Sears doesn't do the work themselves).
Is she at all on the house? Deed? Anything?. I would fire off another letter to him personally...since I believe he's bluffing...I'd say something like "As soon as the work is completed properly and to code, I will be happy to pay the balance. " or some such..... |
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Wife is on home deed as tenants by entirety, a protection that protects a spouse from the debts of another spouse...
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Yes, they were able to verify funds because they don't "approve' cash deals until funds can be verified. I have no clue who their contractor was, didnt speak a word of English...
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How does that affect her credit then? she obviously cannot be sued for the contract because she was not on the contract...
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She would need to file the appropriate pleadings. Not all things title-related are automatically credit-related..
With ~100 suits under your belt, I am sure you can decipher Local Rules to determine what needs to to be filed and in what fashion, since you will undoubtedly be preparing your wife's documents as well..... |
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I told the guy he was full of it and he emailed me this in response:.
"Based on paragraph 5 in your email below, it appears you are not familiar with Maryland Code, Criminal Code 7-104(g) regarding the crime of theft of property or services. For your information, Section 7-104(g) states:. (g)(1) A person convicted of theft of property or services with a value of:. (i) at least $1,000 but less than $10,000 is guilty of a felony and:. 1. is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; and. 2. shall restore the property taken to the owner or pay the owner the value of the property or services;. (ii) at least $10,000 but less than $100,000 is guilty of a felony and:. 1. is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both; and. 2. shall restore the property taken to the owner or pay the owner the value of the property or services.".. |
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Yes the lien is against the house and all owners would be subject to the suit...
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Do liens go on your credit report? They are attached to assets like a bank account or property but how does actually go on your report? I know if you sell the lien will be paid...
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Remind your friend that the supposed criminal case must be presented to a grand jury by the local DA, and I doubt the DA will be too interested in a consumer dispute matter. He has already admitted you have made good on the check....He is FOS...
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Their lawyer is full o' crap..
Man, I'd absolutely LOVE to have something like this happen to me. It'd be downright entertaining..... |
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I stopped reading your ridiculous reply at HVAC. you've owned 32 rental properties and have dealt with contractors for the past 7 years?.
But you dont think a nail falling into a running a/c unit can be slung by the fan through the thin aluminum tubing of an a/c condenser? and driving a nail into the side of it (or any of the lines either internal or external, would have similar refrigerant liberating results.... I'm sorry, but your post was the most ignorant thing i've read on CB all week. I am dumber after reading it, and I want my 2minutes back... |
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I am not sure if that was meant for me the OP (which I never said I owned properties), or the person who was trying to demean me by stating he owned 32 properties, and yes, the 20 nails recovered from the 2 outdoor condensors caused $2300 in damage by needing "fins" replaced due to the nails being flung...
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Not directed at you at all OP. that poster got back a little of what he was dishing out..
Good luck with your situation... |
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Thank you. They did however ask me to proffer a settlement amount, and verbally I offered 50% and he said he has seen them done for that in the past but could not promise anything, he told me to put it in writing and will get back to me Monday..
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I sure hope not. This guy's getting dicked around, hardcore..
If they had damaged my stuff like that, and had the gall to send me those e-mails, then any settlement discussion would need to start off with compensating me for the value of what they've screwed up on my property. Then we can discuss what the substandard siding that was poorly installed and doesn't line up right may be worth (e.g., "not much"). This whole thing is ridiculous.. And FWIW, I've had people pull the "you've got XX lawsuits on file at the clerks office, you're a 'litigious person' and that doesn't look good to the judge" B.S. It's never helped them. Judges don't care. One tenant pulled that out on me in court, and I said "So if I sue 20 more people, is that make your rent magically appear in the registry?".. I'd fight this one, they're just being ridiculous. Why oh why does all the fun stuff always happen to somebody else???.. |
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I had understood the settlement offer was 50%. If the OP thought the original price was fair when he started the work, isn't a 50% settlement effectively giving him compensation for the damaged items?.
I presume when he made the offer, he considered the cost of repair/replacement and calculated accordingly so that after repair/replacement he comes out at or below the original planned expense.. Neither side wants this in court, so hopefully some settlement will work out... |
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I would get thee to an attorney who is experienced in construction & contracts IMMEDIATELY..
While I am not in MD, I have spent the better part of 2 years fighting off a mechanic's lien that was falsely put on my property. I don't go to court until February - 3 years after the original lien was filed.. You do have rights (as I"m sure you know thoroughly well...) but you are going to have to fight for them - whether you want to or not... I think you know what you have to do.. 1. Turn them in for the electrical code violations. You need this on record to protect yourself. 'Nough said.. 2. Get no less than 3 estimates which detail out the mistakes, provide explanations on how to fix the mistakes, and a cost to do so... ETA - ask the contractor wh o gives the estimate is they would be willing to testify to the mistakes. Most will say "yes" just to try to get your job.. 3. Put a FAIR estimate in writing to them while detailing out their mistakes, errors, and 100% satisfaction guarantee. I know you have already done this...but the point is that you are setting yourself up before a judge to show that you TRIED to amicably resolve the issue.. 4. Be ready to countersue if they sue you..... You have to show how you were damaged by their nonsense - both with the physical damages to your house and the threats they are making against you.. This post has been edited by. LadyRelm2. : 24 November 2009 - 04:27 PM.. |
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I did contract with them at what I though was a fair price, a bit much, but fair nonetheless. And I did offer 40% actually, hoping they accept or counter at 50%, b/c that will make me whole again, and a bit ahead. They did do work, and deserve to be paid for labor and materials, just not the entire contract price b/c of the damages. They still have not gotten back to me, and they cannot just put a lien against the house without taking me to court first, and if they "fail" to serve me certified mail, oh well, sucks for them, b/c even if I don't sign for the letter, b/c I was on vacation or whatever, without CERTIFIED service, they cannot even take the next step to apply for a court date. Maryland is good that way. But I want to be fair with them. I will keep everyone updated...
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Not necessarily true, even in MD, if they send a certified letter and the USPS attempt to deliver and you are not at home they will leave a notice for you to pick it up at the post office. They will normally keep it there for 15 days and then return it to the sender as "unclaimed", however this is seen as a sufficient attempt to deliver/serve a notice and will stand in court - so keep that in mind if/when you get a Certified Mail-"Sorry we Missed You" notice...
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Not true at all, I had a company I used to own, it went out of business (was an LLC), and they kept trying to serve me for a debt which was not PG'd, and I kept not signing for the service, finally 2 years later they applied to have it served via publication, and it was denied for whatever reason. In Maryland the lien needs to be perfected within 6 months of the completion of the work, so if I avoid any certified letters, they will have to apply for publication, and since they waited so long, I won't be served. But I would rather settle...
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I dont have a real input on this but am I hearing slander or defamation on their part?..
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