Can I file a defamation claim, and a harrassment claim?

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cindy58

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We have signed a settlement agreement to end a clients DTPA suit that our customer brought against us in response to our Summary Judgement suit. We filed the summary judgement after receiving the "60 day" DTPA letter in an effort to have a judge end the string of harrassment of our company, or at the very least open up the possibility of our legal fees being reimbursed if it were to go to trial (advised us by our attorney). The customer ordered plantation shutters, based on seeing our shutter sample, for 1/2 of her home. After her cancelling appointments for the installation she had demanded we approved in order for her to place the order, we finally installed 1/2 of the shutters that she ordered. We could not install the other half, due to her having contractors working on her windows on that day. She questioned whether we matched the paint, and wanted us to come bring the sample color SHE provided us - stating that she didn't think we matched the sample. We came the next business day, brought her sample where she determined that our shutters did match the sample she provided, and then agreed that her sample did match the trim in her home. She made payment, walked the house with us window by window, made some suggestions for touch-up, and advised that she loved the shutters, and knew we had not yet been allowed to complete our installation and touch-up due to her having other contractors working on the windows -- but accepted, paid for the shutters, and scheduled appointments for us to complete the work. One week later, she ordered about 20 more shutters from us, insisting we complete and install within 4 weeks - and we agreed. In order to prevent any question of the color, we had her sign off on a sample of the stain we would use for her shutters -- she didn't like the first sample - saying it was too dark and needed red. She approved the second sample which we felt was not as good a match as the first. She called to advise one week before the scheduled installation date, that we would need to come back as she had work done on one of her windows -- and we would need to re-measure the window opening. The measurement changed, and therefore we had to make a new shutter. We advised we will try to stick with the original installation date, but would be late. We did arrive late on that day. She admonished us for that as if it were due to us, and not her. She approved the installation, and paid. For 6 months after that, we went to her home twice a month (13 visits) to deal with frivolous complaints that she had not pointed out in any earlier visits. She had our men cleaning up after her painter, had us complete work that was well beyond standard to the industry, accused us of removing something from her home, until she found it - spilling paint on her carpet that we did not do - scratching her wood floors, but could not show it to us. She also had our men putting stain on "HeR" trim, next to our shutters. She signed off on all in October. In November she began writing to the Better Business Bureau. It was filled with lies, and mistruths about our company, our product and our workers. We decided at that time if would hurt our company if we did any more work for her. January, she wanted us to come make an adjustment, and replace a louver. We said we would not work for her any more, but would stand behind our lifetime warranty, and offer it to the next homeowner -- being clear as to why it would be too much of a risk for us to be in her home with her ever again. After harrassing the BBB, ignoring what they offered to her to ask us for total replacement of the product, or total reimbursement of the $16,000 approx. she spent on two shutter orders -- she answered them that she wanted to keep the shutters, but wanted $5,000 for her trouble with scheduling appointments, and getting work done. She then filed a small claims court claim for $2,500 - and only included part of her corrospondence to the BBB -- withholding the rest until later. She non-suited out of that, and then we received the 60 DTPA letter, suing for $75,000 (which is the amount our shop is listed as assets). 6 months of attorney fees, they dropped it all. It cost us, and we are ready to go out of business. This woman heard that I went to see the opthamologist, and told our dealer that she looked for my personal file but couldn''t find it. Please help. I know there is risk in a business. But we want fairness. This customer fits the description of an "unreasonable person" to a tee. Help
 
Sounds like you never filed a countersuit asking for your damages? Seems to me you have a significant loss due to frivolous claims... get it in front of a judge.
 
Ok... that was your first sentence, but I forgot it by the end of the long post.

What exactly did you agree to in the settlement? I thought you had said the issue had simply been dropped.

The terms of your agreement should spell out whether you can still collect costs.... or, rather it will say that you agree to forfeit any further action and the agreement is final.
 
It does. We cant. The night my attorney called to say "a walk-away is a win, right?" I said no. We are 1 week from trial. He responded that it would cost me a lot of money. I felt as if I had no choice.
 
If your agreement does not specifically include the issue of accrued costs, you may still be able to make a claim. Since you already have an attorney, he should be able to determine this for you since he has the settlement agreement.
 
As I said, it does say that we forfiet any future action - and the agreement is final. It was a mistake to sign it. Based on my attorney (who is no longer my attorney) saying we would not be able to afford to go to court -- we already owed him money, he said, so you really can't afford to go to court -- we felt we had no choice but to sign it.
 
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My question is hanging out there. Can anyone answer this? Can we do ANYTHING at this point to file what we have now figured out to be "harrassment & defamation".. it has damaged us WAY beyond our "costs" --. We followed our attorney's advice, every step of the way... he led us through each step by having me back down just because he would say "well you really can't afford that"... and "you've asked me to keep your costs down". And yet, his final monthly bill added up to the same as 4 months worth of bills. But, he had NOT begun to prepare for trial. AND, he charged some $400 for a conversation with someone we felt with neither help nor harm our case... but refused to talk to about 3 people that we felt may have nipped things in the bud -- by us then making their potential testimony clear to the client, which WOULD have compelled her attorney to settle. Help. Can I NOW still go after her?
 
it does say that we forfiet any future action - and the agreement is final.

Can I NOW still go after her?
I think you already know the answer - no, you can't. You signed a settlement agreement barring you from any further action against her.

You MIGHT have some kind of claim against your attorney if you got bad legal advice. I'm not sure you did - they said it would be expensive, they were right, it's not clear that they misrepresented what they had done or would do for you. You might want to talk to your state bar association.
 
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