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Old 03-13-2010, 11:37 PM
 
11 posts, read 17,223 times
Reputation: 11

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I hired a fence company to installed a fence at Jan. However it is installed beyond my property. It is also unstable and unsafe. He was also trying to fool us on fence material and installation process. For example, he told us the concrete only settle down after 2 weeks and ask us to pay the balance first. In fact, the total fence is wobbly, waved, have big gap and unsafe.
I am the first time house buyer, and I trusted him. I already gave him 75% deposit instead 50% he initially ask.

We went to the small claim court last week and I won the case.
Today I received a lawyer letter from them for appeal.
What should I do? should I hire lawyer as well?
I moved to USA 2 years ago and do not know much about the court system.
Please help me. Any advice is appreciated.
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Old 03-14-2010, 01:09 AM
 
595 posts, read 1,401,294 times
Reputation: 387
Quote:
Originally Posted by hugua View Post
I moved to USA 2 years ago and do not know much about the court system.
Please help me. Any advice is appreciated.
You sued someone in small claims court and won. That is more than I have ever done and I have been here my whole life.

Find a few lawyers and ask them what to do, that's all I can think of doing.
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Old 03-14-2010, 08:48 AM
 
1,376 posts, read 1,938,007 times
Reputation: 1263
Maybe it's too late for Don Griffin, but give it a try. I think I posted on your other thread, contact Don Griffin at WSOC-TV. Congratulations on winning in small claims court.
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Old 03-14-2010, 10:35 AM
 
Location: State of Being
35,885 posts, read 67,023,037 times
Reputation: 22370
You need to contact an attorney. Here is why. If that fence is installed on your neighbor's property, your neighbor can sue YOU for removal of it. To protect your rights, you need to get an attorney so that you can 1. recover your money and/or get your fence installed correctly and 2. keep from being sued by the owner (or future owner) of the property where the fence is actually installed.

You need to get an attorney to rectify all these errors and protect yourself. If this situation continues, just think - the neighbor could decide it is an eyesore and sue you for removal of it.

GET AN ATTORNEY.
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Old 03-14-2010, 01:13 PM
 
11 posts, read 17,223 times
Reputation: 11
Thanks to all of you!
Anyone can recommodate a lawyer for my case?
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Old 03-14-2010, 01:49 PM
 
Location: Charlotte Metro Area
2,155 posts, read 3,371,101 times
Reputation: 1657
Second thread...same answers.
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Old 03-15-2010, 07:56 AM
 
Location: Monroe, NC
53 posts, read 78,972 times
Reputation: 14
What was the reasoning in you choosing this guy to build your fence over the others out there? Did you get multiple bids, if so did you just pick the lowest one? Did he have a business license? Was he incorporated? Did he have Insurance? Did you go and look at any of his other jobs he did and speak with the homeowner? There are many unanswered questions here that should have been answered beforehand that would have avoided this. I can bet you aren't the first victim of this guy and will not be the last. Do your homework guys, know who you are hiring before you hire them.
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Old 03-15-2010, 12:43 PM
 
11 posts, read 17,223 times
Reputation: 11
We are the first time home buyer and we update our house for floor, windows, kitchen... We did do the reserach for those guy and they did great jobs. After one month of settle down, the fence is the last project. We did not think too much about it because all the people we hired before are great.
We asked our buyer's agent to name a company and he happen to received Legacy Fence advertising flyer that day. We searched his website, and he claimed himself are fully insured and licensed. The picture on line looks good and we decide to hire him. When we ask Patrick Lucas whether he did other fence job, he told us he did not install shadow box for a while and there is no sample at that moment. We just want to finish our house improvement ASAP so we hire him without further question.

However, now we went to Meckleburg County, Union County, and NC state and we can not find he has any business license listed!
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Old 03-15-2010, 08:12 PM
 
124 posts, read 181,531 times
Reputation: 69
Ask him to come back and fix it properly, and you'll drop the suit. That would be fair.
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Old 03-16-2010, 09:18 AM
 
11 posts, read 17,223 times
Reputation: 11
We asked him to dig out all the posts and reinstall the new posts with 2 feet under the ground and put enough concrete, but he refused. That is why we sued him in the small claim court.
Now as he is appealing, we feel that we need an atterney.If anyone could recommond any atterney for us, that would be great!
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