Threatened with Defamation suite

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bwguardian

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First let me say, I am glad to find this site. My story may be long, but let me explain some history so that I can have a better understanding of things as they may be. My wife is an interior designer and contracted with a general contractor this past fall for two of her clients to do some remodeling in the clients homes. This contractor was referred by his wife who works at a local supplies store. She drew up contracts for the contractor specifically depicting money amounts for draws and what work was to be accomplished for these monies. The contractor got to where he was not showing up to the jobs and would not answer phone calls. After further investigation, we found out that some of the subcontractors had not been paid for work as accomplished and monies paid to said general contractor. Additioanlly, he had been promising lein releases which were never recieved. I told my wife that I felt like he may have a drinking or drug problem (gut feeling). I went over to his house and visited with him about issues and he wanted more money and was able to proceed without. I brought to his attention the contractual aggreement and got the executed lein releases. To keep the jobs going, my wife and I chose to pay the subcontractors for their work given the general contractors contracts had lapsed by date (their were completion dates set forth). While on the jobsite on the phone about other subcontractors not being paid and having intent to lien notices show up through the clients mail, one of the subcontracors spouse was a police officer (sargent or leuitenant) and offered to do some investigation. After some research, he found that he had 5 outstanding misdemeanors in this county and an outstanding felony theft warrant in an adjacent county. Needless to say, with some information from my wife the guy was arrested and spent several days in jail. After this, I started doing some research and contacted a couple other people he had done this to in the last year or so (we are talking about 30,000 plus dollars). One of these persons had told me that he additionally had a methanphedamine addiction and spoke of a good friend of his that actually had to move because of neighbors complaining. At this point, my wife and I sat up a meeting with this guys wifes boss (the one that worked at the supply store). We asked for a list of referals and he was not on it. We explained our situation and stated we had no issues with him or his company. We visited about what he had done and I did tell him that it was hear say about the drug situation. He stated that he was going to have a talk with her about the referal. I did send him an email about monies owed and after he got out of jail, he wanted to sit down and discuss which was done and he cancelled three seperate times. I was able to locate his fathers phone number and called him and visited about the fact of monies owed, drug issues, and other people this was done to. I still got no response from him so I called his wife and work and was honestly short and heated about monies owed, contacting other people he had done this to, and knowing about possible drug issues. After further investigation into his company, I find out that an old friend of mine was part owner of the company some time back. I called him and asked him about involvement and he stated that this guy actually owed him money as well as his brother in law money (we are now talking about close to 50,000 dollars). I visited with him about drug issues and he suggested speaking with his brother in law as well as his brother which I did and even expressed concern. While this was going on, I contacted child protected services about him (he got full custody of his 17 year old daughter) relative to them probably not knowing about his felony he is up on charges currently. I did mention about the drugs but it was here say and they did contact the person which told me about this. In the interim, my wife is trying to get company information from him for tax purposes, so she calls his wife at work because he will not answer phone calls. Her boss has a talk with her again and explains she is walking on thin ice and he has about had it with her. She explains that it is his business and has nothing to do with it. His comment was it does so since you refered him. We finally get his company information and he made my wife call her boss and explain she will never bother her at work again. After this happened, he stated that he might be willing to sit down and settle for less than half of what we felt like he owes and threatened a defamation of character suite. Meanwhile child protective services has contacted him today and I get a phone call again threating to be served with a defamation of character suite.

I know this is long, but he stated when he first threatened that he had an affidavid from his wifes boss about me stating he is a drug dealer. I explained that it was hear say. My wife called his wifes boss and he said he in no way did that (he really did not even know what an affidavid was) and is about ready to fire his wife (customer comes first). He stated he had me on a recording stating otherwise with someone else.

I know someone can sue someone else for just about anything, but is this right? I have held off taking the guy to small claims court trying to work through this, but when he tells me he is going to think about getting me less than half of what I felt like he owed it irritated me. This guy obviously has money issues and even stated he would need 90 days to pay me the money but I can see his family helping out with attorney fees.
 
I know someone can sue someone else for just about anything, but is this right?

Your post was 1056 words long and asked one question which makes no sense.

Try again.
 
I know someone can sue someone else for just about anything, but is this right?

Your post was 1056 words long and asked one question which makes no sense.

Try again.

I know the post was long but I wanted to give the history. Bottom line is that the guy is threatening to sue me for defarmation of character (says I have spread around he is a drug dealer verbally). I have stated my opinion after research and believe he is a user and has issues. I have stated to other (non family members that this is here say). I am worried the family members may state the defarmation of character but I would assume you could not defarmate someones character to one of their family members. Is this true?
 
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