Client trouble... what to do...

[chickened]

Ok I have a dilemma with a client, this person signed my contract for me to do some work (log his trees). I have done everything to a "T" with this guy, he has been paid all he is owed under the contract. The contract I use is very solid and has served me well for over 20 years.

The owners are a little slow maybe some would call them hillbillies with substance abuse. They ask me dumb questions that have no merit, meaning or ask me to explain something like what it means to split the proceeds on a percentage and take 150.00 off the top for the hauling as an example. They cannot grasp the idea that when you split the money that taking 150.00 off the top is split along the agreed 35% to me and 65% to them and regardless when you split it we each still pay our % of the haul. They think I should pay an additional 35% of the 150.00 after I take it off the top but they do not believe me when I tell them I am paying 35% of the haul. If I do pay the additional 35% of 150.00 then the split is no longer 35% and 65%.

The actual wording in the contract specifies 150.00 taken off the top and the balance split 35% 65% respectively.

They have made threats of violence and to sue me already and I am only accepting written responses from them as of today as the phone calls always end with them yelling and threatening me.

What would you all do in this situation? I value you BYCer's advice you are level headed.

 

[Tammy N]

Let me see your Contract maybe i can help .
Or you can always sell wood I need 2 cords for winter I live in florence your probably farther anyway Good luck people sometimes are like that . You know like the lady who looks like she is from another country speaks Great english until the law is involved and against her .

did you have them sign in front of a notary ?

Tammy

 

[DeannaOR]

I'm not so level headed Ed....so I won't reply until you are ready for not so level headed.
Sorry you are having issues =(

DeAnna

 

[chickened]

Let me see your Contract maybe i can help .
Or you can always sell wood I need 2 cords for winter I live in florence your probably farther anyway Good luck people sometimes are like that . You know like the lady who looks like she is from another country speaks Great english until the law is involved and against her .

did you have them sign in front of a notary ?

Tammy

No notary but the document is sound. I feel the "I am the victim" charade coming on with them. They always call me at night when they are wasted and make absolutely no sense in the messages they leave. I do have firewood but Florence is a ways... my sister lives there.

 

[chickened]

I'm not so level headed Ed....so I won't reply until you are ready for not so level headed.
Sorry you are having issues =(

DeAnna

Thanks DeAnna, give me a day or two and I will probably need any and all input... LOL Actually I know you so I can take your suggestions anyway.

 

[duckinnut]

As far as the contract goes, it is binding period. They signed it and if they claim they didn't, why did they let you harvest the trees? If they had reservations about the contract they should have stated that before harvest. Let them take you to court, they will lose hands down. You won't need a lawyer because right is on your side. They will have to prove that you did something other than what was contracted. By the sounds of your description of them, where will they get the money for a lawyer? Even if the lawyer takes the case on contingency, how much will the lawyer get? Not sure in how much money these people are looking for. If you have a standard contract that you use and never had a problem before the court will see that. By the sound of this client I think the law is the last thing they want.

As far as the threatening part, I would save all voice mails, caller IDs and any mailed items to you. I would notify them in a registered letter to stop harassing you. If they don't that you will notify the authorities. Again, the last thing I think they want is the local police knocking on their door.

If it were me and the client was sane and not addled with substance abuse I would pay them and say lose my number. But the ones you are dealing with I would go toe to toe for a dollar just on principle. While I don't condone violence but do support a right to self defense. I would mention to them that you are a strong supporter of the 2nd amendment even if I wasn't.

 

[Ridgerunner]

So many comments I could make, but I'll try to stick to your question.

First, I would not threaten them with guns. You have law on your side. Why throw that advantage away? Threaten them with the law, yes, but not with guns. Be ready to defend yourself, but don't be the aggressor.

Document their threats. I don't know how legal recording their calls is without warning them first as far as being legal evidence, but I can't see any harm in doing just that and letting them know you have them on record and that someone unknown to them has a copy. People on drugs can be unstable.

It sounds like you have finished the contract and have made your payments, hopefully by check or you got a written receipt for any cash. That needs to be documented or you could have a problem.

I'd set down and see exactly how much money you are talking about. Is it a significant amount to you? At least you know what you are talking about then and you are dealing with facts. It will also tell you if it's enough to hire a lawyer if they sue. I don't know how small claims court works in Oregon. But I don't see any grounds you have to sue them as far as the contract goes as long as they don't owe you anything.

They are going to tell others about how you cheated them and took advantage of them. That's a given. Will your reputation be hurt by that among people that matter to you? They are making threats. Do you take those seriously? Do you have proof they are slandering you? Those are things that you can legally do something about.

You can talk to the local police authority, whoever has jurisdiction. They probably won't do anything unless you file some kind of formal charges or make a formal complaint. Maybe you will get lucky and they will go out and talk to them, but maybe not. They may be looking for an excuse to go out there. I have no idea what you will run into with local law enforcement. But if you take their threats seriously, I think you should at least talk to the law. Maybe first tell your client that you will if they bother you again. That might be enough to get them off your back. But don't make that threat unless you are willing to back it up.

I'd suggest you look at how much money you are talking about, how seriously you take their threat to you, your family, your property, and your reputation, and see if it is worth it to you to just pay them off, ignore them, or go talk to the police.

To me, it really goes against the grain to pay them a dime they don't have coming. My wife says I have an elevated sense of right and wrong, I guess her way of saying I can be pretty stubborn about some things. One huge factor in my decision of what to do in a case like this would be that perceived threat to her. I think a potential threat is the only thing that would cause me to bend on principle in something like this if I took that seriously. That's blackmail.

Unless I figured the dollar amount was trivial to me, my decision would be between ignoring them, other than documenting their threats, and going to the police.

 

[chickened]

I am documenting all the calls and am sending a letter requesting that all contact be in writing and all demands. I am pretty transparent in my business dealings and leave little or nothing to chance.

They told me that the last load and a half they wanted to keep which are merchantable sawlogs and have a value to me of about 800.00 is something I am not lamenting over and am willing to let go to end the ordeal.

They will have made about 20,000.00 in the end so I guess they could buy a lawyer but when the lawyer tells them they have no case or tells them what it will cost to represent them it will most likely be over.

The last message was a threat of legal action by them with a deadline and so far all they have really done is threaten. I moved my log processor yesterday morning and they were a no show.

I do agree that they do not want the law around as they have an "herb" garden and none of the required postings needed with medical pot cards.

I have multiple witnesses in addition to the contract that have assured me of support.

I really think they are looking for any possible way to sue me. I have good insurance.

 

[Reurra]

If they signed it, they accepted it. There is nothing legally they can do unless somehow you misrepresented or broke the contract in some way. If they physically had in in their hands, they are responsible. They signed it, which in itself is an agreement to the contract, therefor they have agreed to and accepted all terms under that contract. They havent a leg to stand on, and if they threaten life or physical injury, you need to get a witness and sue them, put a restraining order against them.

 

[Capvin]

Ed....forget all the legal nonsense and let's talk about the real issues. First, I am sure that your contract is legally binding on both sides, but like everything else will probably be subject to some anount of interpretation. Also, notarization is not necessary in any contract except for real estate. Second, the real issues are (a) have you performed your part and (b) most importantly, have you gotten your end of the payment and they only want you to give them more. If the answer to a and b are both yes, then just ignore them because there is nothing for you to do. Requiring them to put everything in writing when there is a possible dispute is good.