I just learned a valuable lesson!!

RWolf · Feb 13, 2009

In Texas verbal agreements are binding. Two things stick out here. 1. Past work done and 2. DA appears to have not wanted to pursue because of the small amount. I am also in agreement that Civil/small claims would be a better choice. I also like the idea of the lein

just not sure if Texas has anything like that for land (probably does).

srs · Feb 13, 2009

Bird said:
I see some suggestions in this thread to do some illegal things. Such posts should NOT be made.

Bird, you are right, but sometimes you just get sick and tired of people screwing over you. And with the way the court system works (as you know from your days as an officer) you can understand how people sometimes have to take the matter in their own hand.

Bird · Feb 13, 2009

srs said:
Bird, you are right, but sometimes you just get sick and tired of people screwing over you. And with the way the court system works (as you know from your days as an officer) you can understand how people sometimes have to take the matter in their own hand.

Yes, I understand, but taking matters in your own hands usually only results in making matters worse. And posting suggestions that someone do something illegal can sure come back to bite you if you ever get sued (or suspected of doing something illegal) and your opponent finds those suggestions to use as proof of your propensity for crime.

And actually, I probably erred in asking people to not post illegal suggestions when I should have simply removed those posts. If someone acted on those suggestions, the "victim" might sue Tractorbynet for telling him to take such actions. To the best of my knowledge, so far, the courts have held the person posting the information to be liable instead of the website owner, but who knows when that might change. And there's nothing to stop a person from suing a website owner, and if a person or company is sued, even if they win, it usually costs quite a bit.

DCS · Feb 13, 2009

To me, it's always better to just do the right thing and go to bed with a clear conscious. So, I am not going to retaliate.

This guy has been sued by other businesses in the past. I found this out after the fact by checking the county records online. So, he knows what he can get by with and what he can't.

Now, I know what I should do and like the song by (Who) says "I won't get fooled again."

johnk · Feb 13, 2009

I think pictures of the area before the job and pictures after the job is completed is also worth a thousand words. { Or Dollars!} in court. That would at least show the work done even if a dollar amount wasn't in a written contract..Just a thought.

DCS · Feb 14, 2009

Exactly what I am going to do in the future.

ccsial · Feb 14, 2009

johnk said:
It is really sad people can lie with a straight face with no remorse.

Yes, they are called politicians.

LBrown59 · Feb 14, 2009

ccsial said:
Yes, they are called politicians.

Predator · Mar 1, 2009

Yes, an oral contract is just as binding as a written contract.
Yes, it is your word against his.
However, for it to be your word against his you have to take him to small claims court, you have to tell the truth and he has to lie. It's one thing to stiff someone with the bill, but another thing to lie under oath in court. If you drag him down to court and put him on the defensive, he'll probably come clean.
When I was in college, I signed a lease from May 1 to April 30. A couple weeks before I moved in, my landlord asked me if we could make it May 15 to May 15 of the next year, because the previous renter wanted another couple weeks. I said sure, I'll just pay the rent on the 15th of every month instead of the first. That fall my landlord had a stroke and sold the property to one of the local college town slum lords. They went by the signed lease and told me if I wanted to stay till the 15th I'd have to pay another half month's rent. What could I do? I moved out on the 1st. I lost two weeks rent but I learned a valuable lesson.