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Landscaping company stole 200- need help on rights

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nwatts89

Junior Member
What is the name of your state (only U.S. law)? Texas

I hired a landscaping company to do some projects, the cost of everything was going to be $400, he asked for $200 up front I thought this was normal practice. He showed up the next morning 4 hours late knowing we were leaving to go out of town that day and we wanted it done before we left, when we left he left shortly after leaving all of his things in our yard along with trash (like empty water bottles) and never came back to clean it up. About an hour after we left he texted me asking to have someone come give him the rest of the money. We refused to do that and told him that he would need to finish when we got back into town, when we got back he said he would come back but then got ugly with his messages so we told him he needed to refund the money that we had given him. At first he agreed that he would refund the $200 then back stepped and said that he would return the materials he had bought with the money and any left over cash, we told him that he could do that as long as he had an itemized receipt. He said he would be by around 12 on Saturday (June 8th) Saturday came and went with no contact. We googled his lawyers info that he gave us prior, when we told him we wanted a refund we told him that if he didn't we would be going to small claims court so he sent lawyers info. Turns out his mom is a paralegal there. So I emailed his mom and she said she would have him return the materials, receipts, and cash. A few days has gone by and we've emailed a few times since then. I have had NO contact with her son since I started talking with her.

She emailed me this morning a few emails (just from today) I'll summarize them below

Email 1: She emails me out of the blue telling me that he firm has taken over the case and I am to no longer contact who I hired (her son)
My response: I emailed her back asking it this means he will not be returning what we have asked for

Email 2: She responded and said that my assumption was incorrect he would return the materials and $60 left over cash and that she will let me know when they will be returned. She also stated that any negative social media posts will be considered harassment and hopes that I will refrain from doing so as he denies all of my allegations.
My response: I followed up asking her if he had an itemized receipt that had been requested also.

Email 3: She said that he will bring all that he has and asked me not to send any more emails today, she said she would email me with a date and time.

So my questions are

1. Am I not allowed to post a negative review on Facebook or Yelp about this company? It seems I should be able to voice my opinion of his services.
2. Am I not allowed to respond to her email? We want an itemized receipt so that we know that the $140 he spent on materials is really what he spent (we had another service come out and finish his job they spent $20 on materials for the entire job!) and I need to tell her that the date and time they pick will need to fit our schedule too as we both work full time jobs.
3. I haven't been in contact with her son, but seeing as a case hasn't been filed if I need to for any reason can I contact him, even though her firm has taken over the 'case'?

I sure hope she's proud of the son she has raised and is defending.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas

I hired a landscaping company to do some projects, the cost of everything was going to be $400, he asked for $200 up front I thought this was normal practice. He showed up the next morning 4 hours late knowing we were leaving to go out of town that day and we wanted it done before we left, when we left he left shortly after leaving all of his things in our yard along with trash (like empty water bottles) and never came back to clean it up. About an hour after we left he texted me asking to have someone come give him the rest of the money. We refused to do that and told him that he would need to finish when we got back into town, when we got back he said he would come back but then got ugly with his messages so we told him he needed to refund the money that we had given him. At first he agreed that he would refund the $200 then back stepped and said that he would return the materials he had bought with the money and any left over cash, we told him that he could do that as long as he had an itemized receipt. He said he would be by around 12 on Saturday (June 8th) Saturday came and went with no contact. We googled his lawyers info that he gave us prior, when we told him we wanted a refund we told him that if he didn't we would be going to small claims court so he sent lawyers info. Turns out his mom is a paralegal there. So I emailed his mom and she said she would have him return the materials, receipts, and cash. A few days has gone by and we've emailed a few times since then. I have had NO contact with her son since I started talking with her.

She emailed me this morning a few emails (just from today) I'll summarize them below

Email 1: She emails me out of the blue telling me that he firm has taken over the case and I am to no longer contact who I hired (her son)
My response: I emailed her back asking it this means he will not be returning what we have asked for

Email 2: She responded and said that my assumption was incorrect he would return the materials and $60 left over cash and that she will let me know when they will be returned. She also stated that any negative social media posts will be considered harassment and hopes that I will refrain from doing so as he denies all of my allegations.
My response: I followed up asking her if he had an itemized receipt that had been requested also.

Email 3: She said that he will bring all that he has and asked me not to send any more emails today, she said she would email me with a date and time.

So my questions are

1. Am I not allowed to post a negative review on Facebook or Yelp about this company? It seems I should be able to voice my opinion of his services.
2. Am I not allowed to respond to her email? We want an itemized receipt so that we know that the $140 he spent on materials is really what he spent (we had another service come out and finish his job they spent $20 on materials for the entire job!) and I need to tell her that the date and time they pick will need to fit our schedule too as we both work full time jobs.
3. I haven't been in contact with her son, but seeing as a case hasn't been filed if I need to for any reason can I contact him, even though her firm has taken over the 'case'?

I sure hope she's proud of the son she has raised and is defending.

I can just about guarantee that her firm has NOT taken on her son's case as 200.00 is just too trivial for a law firm to take on. I can guarantee that she is doing all of this privately, as his mother.
 

nwatts89

Junior Member
I can just about guarantee that her firm has NOT taken on her son's case as 200.00 is just too trivial for a law firm to take on. I can guarantee that she is doing all of this privately, as his mother.

I'm sure you're right but can posting a negative review on FB be considered harassment? And there is no case to take on as I have not filed in small claims court yet.
 

quincy

Senior Member
I'm sure you're right but can posting a negative review on FB be considered harassment? And there is no case to take on as I have not filed in small claims court yet.

Posting a single negative review is not harassment. It could be defamation, depending on how careful you are in sticking only to provable facts and pure opinion (comments that do not state or imply falsehoods).

It is not easy for most people to write a negative review without embellishing a bit or generalizing (using words like "always" or "never") or lying.
 

nwatts89

Junior Member
Posting a single negative review is not harassment. It could be defamation, depending on how careful you are in sticking only to provable facts and pure opinion (comments that do not state or imply falsehoods).

It is not easy for most people to write a negative review without embellishing a bit or generalizing (using words like "always" or "never") or lying.

What if I state in the review that he denies these allegations, would that help?
 

quincy

Senior Member
What if I state in the review that he denies these allegations, would that help?

It depends on the allegations you make whether a qualifier will help. It won't help you escape a defamation lawsuit if what you write is false and harm to his reputation or his business reputation results from the falsehoods.

An extreme example:

I write: Mr. X is a rapist. He denies the allegations.

If Mr. X is not a rapist, I have defamed Mr. X and I can be sued. I can be sued for defamation even if I say "I think Mr. X is a rapist," or "I heard Mr. X is a rapist," or "In my opinion Mr. X is a rapist." If I cannot prove Mr. X is a rapist, I could easily lose a defamation suit filed against me. Damages awarded in a defamation suit when the harm to a reputation is severe can be extremely high. Reputations are valuable.

Unless you can prove what you say is true, or unless what you say is neither true nor false (pure opinion), a negative review can wind up being a costly piece of writing to publish.
 

nwatts89

Junior Member
It depends on the allegations you make whether a qualifier will help. It won't help you escape a defamation lawsuit if what you write is false and harm to his reputation or his business reputation results from the falsehoods.

An extreme example:

I write: Mr. X is a rapist. He denies the allegations.

If Mr. X is not a rapist, I have defamed Mr. X and I can be sued. I can be sued for defamation even if I say "I think Mr. X is a rapist," or "I heard Mr. X is a rapist," or "In my opinion Mr. X is a rapist." If I cannot prove Mr. X is a rapist, I could easily lose a defamation suit filed against me. Damages awarded in a defamation suit when the harm to a reputation is severe can be extremely high. Reputations are valuable.

Unless you can prove what you say is true, or unless what you say is neither true nor false (pure opinion), a negative review can wind up being a costly piece of writing to publish.

Thank you, what I was planning on writing is all true but it sounds like it's not worth the risk. It stinks because we recently found out that we are not the only people that he has done this to.
 

quincy

Senior Member
Thank you, what I was planning on writing is all true but it sounds like it's not worth the risk. It stinks because we recently found out that we are not the only people that he has done this to.

Negative reviews can be written and can be helpful to other consumers. It is just that good negative reviews are difficult to write.

If you stick strictly to the provable facts of your own one personal experience with the landscaper (e.g., "He did not complete the job we hired him to do"), you do not prevent a lawsuit (anyone can sue) but you can avoid a lawsuit loss.

No one likes to have negative reviews published about them so negative reviews will always attract lawsuits, or the threats of lawsuits. Whether you want to take the risk of having what you write spawn a suit against you is up to you.

Good luck.
 

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