Question about Civil Court in TN?

[Guest]

I am still moving into this house in TN, but I want a fence installed and ready for my dog (a 75# Rough Collie) when he gets here.  Found a local outfit, sent him a drawing, got the dig permits and gave him the # for that, I made it clear he could and should call me with any issues, etc.

He reported completion and sent a cell pic or two. I fired off a check from my credit union. Meanwhile, another contractor, who was working out there and knew of my fence plans, called me and said "whoa, hold on, this fence is slack, sloppy and only has one gate!" I thanked him, turned around and called the credit union and put a successful "stop payment" on this check.

This fence contractor sends a guy out here who says in order to be right, he's got to completely re-do some sections. I thank him and tell him to talk to the "Fence Contractor", conveying his concerns. Contractor sends word through this guy that he'll need another $500 to finish. I would be pretty excited about that, but recall, I haven't even paid him the first dime.

I expect he'll take me to court, so I have gathered pictorial, email & text messaging evidence about this, but I'm wondering, any peculiarities to the application of "law" in Cumberland County?

This fence looks like hell, and would immediately fail in mission 1: Keep dog in perimeter.

I wonder what happens now?

[RED333]

Just my two cents. You need to be here in Tennessee with the owner of the fence company on your property and have him explain what’s going on.

[Guest]

Oh I am here, turn's out he is in Nashville and apparently doesn't want to bother to come up here, so he's most likely relying on his (inept) fence crew to feed him BS status. This is an unusual circumstance for me, I normally operate standing here, eyes peeled and observing. Guess there was a "no exception, iron clad" rule there for a reason to conduct business like that, huh?

I'm not yet comfortable posting pics (oh yeah, I have plenty), or naming names until I am made whole or there is no point to give him anonymity.

 

[RED333]

10 minutes ago, OMCHamlin said:

I'm not yet comfortable posting pics (oh yeah, I have plenty), or naming names until I am made whole or there is no point to give him anonymity.

That is probably a smart move on your part. Just curious how does he respond when you show him or send him the pictures you have?

[Guest]

Since hearing through his contractor proxy, I have not contacted him. I thought perhaps I'd let him sit a while and realize who's been paid, and who's not. There's nothing wrong with silence or time... In certain circumstances.

 

[Grayfox54]

Contact local city/county building inspectors. Have them take a look. They'll tell you if it meets code or not. Then go from there. 

[derf]

Contact BBB. If he’s a member, they can get him in line. My daughter bought a Nissan Pathfinder that was a true lemon. After mediation with Nissan and the BBBs own contract mechanic, Nissan bought the lemon back and paid her in full. They are that powerful. 
 

send registered letter to the owner now to voice your concerns and ask for a date in which he will complete the job correctly.  In all your text to him you need to list everything you expected from him, right down to the number of boards and nails used, fence location and gate location. This will produce a written record of understanding between you and him. This should have been done on contract prior to starting project  if not it establishes a set of terms. 

Dont delay doing this. He may have reason to start a lein on your property. I hate dealing with liars and thieves. Good Luck, keep us posted!

[45guy]

Most judges will rule on your side as the consumer.  I see it all the time.  

[bobsguns]

20 hours ago, derf said:

Contact BBB. If he’s a member, they can get him in line. My daughter bought a Nissan Pathfinder that was a true lemon. After mediation with Nissan and the BBBs own contract mechanic, Nissan bought the lemon back and paid her in full. They are that powerful. 

No disrespect, but the BBB is a joke, a toothless hound. I've sicced them on 2-3 businesses that essentially ripped me off & all of them basically told the BBB to pound sand. The BBB has NO legal standing nor will they engage in any. Sadly, these days the only thing that does work is hiring a lawyer. 

[bobsguns]

14 hours ago, 45guy said:

Most judges will rule on your side as the consumer.  I see it all the time.  

My small claims was thrown out by the judge & he told me to go hire a lawyer. He wouldn't even listen to what I had to say. 

[Guest]

Hmm, that doesn’t sound reassuring…

where was this?

[bobsguns]

9 hours ago, OMCHamlin said:

Hmm, that doesn’t sound reassuring…

where was this?

All were in Nashville. 

Sadly, a lawyer is the only way to walk into a courthouse anymore. Even small claims, which mine was, I was told by the judge to "get a lawyer." 

[45guy]

I have been to small claims many times, I did have signed contracts that helped. Never had a problem never lost a case.  

[Guest]

I do have an approved estimate for the work. I think it would suffice as a contract in court. As soon as I realized this whole thing was going south, I took pics and saved copies of all correspondence (emails and text messages).

 

 

[bersaguy]

I think the judges have to deal with so many con guys that is why they require a lawyer now.....JMHO

[Guest]

Just now, bersaguy said:

I think the judges have to deal with so many con guys that is why they require a lawyer now.....JMHO

You mean the judges prefer to deal with a licensed, professional "con man" as opposed to amateurs...

[Grayfox54]

Of course, they're in the same profession.