cardaddy
New member
- Nov 20, 2012
- 3,937
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- Now that my earlier (gun totin') post is out of the way, thought I'd be a little more constructive.
Given that you had spoken with the son for the services, the son should be the one you dealt with. Having another player in the mix only confuses your business transaction.
Even doing detailing part time, you need to invest in *yourself* and keep a paper trail of everything. From the initial phone calls to the final work order. This is easily done in a ring bound notebook for the first time calls when they are price shopping and talking about what all they may want done. This makes it easy to go back and check your notes for subsequent calls etc. Then if they call back, actually want work done, and you DO qoute a price (always subject to change after vehicle inspection) you can refer to your notes. Use this when writing up the work order even before you get to the location.
Once at the location....
Get EVERYTHING IN WRITING FIRST! You need to go a printer and have some work orders made up. There are plenty of vehicle diagram templates available that'll help with notations of problem areas etc. Then do a pre-service inspection of the vehicle(s) and note it before starting work. Include that with a list of what services you are providing at the time. If they want any 'up sell' NOTE THEM and have the person there at the time initial your work order.
Also it has been suggested; Take and KEEP the keys till you're paid.
Now, as for what the situation turned into. (I am not an attorney and don't play one on TV, but have been down this road so this is just educated opinion and experience talking)
- Verbal contracts will hold up in court. After all, it's not like you were just riding through the neighborhood and said "oh I'm going to detail that Excursion sitting there".
- By offering to pay you *something* the dad comitted to the original contract but disputed the pricing. It was up to you at the time to make it clear that the price was already agreed to and anything other than that would be unacceptable.
- Once anyone started to make you feel unsafe they crossed a line. That line is either "simple assault" or "simple battery" depending on what took place at the time. (you are the only one that knows exactly what happened and it is critical to take emotion away from that if you were to describe the situation to the police for instance). It is important to understand that nobody has to touch you to assault you. The key is that you FELT threatened and your physical body was in danger as interpreted by both yourself, and your assistant in this instance. If for instance a guy in front of you makes a fist and draws back in a manner that looks (to you) like he may just take a swing. Then that is simple assault. As described below, you had "reasonable apprehension of injury". If he actually touched you then 'battery' takes place.
(a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Battery as defined:
(a) A person commits the offense of simple battery when he or she either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.
Bottom line is these clowns, the both of them, failed to honor your agreement and threatened your safety along the way. You take them to court and you will win! Is it worth it? (who knows) What is your time worth? This is of course a business decision, but it is also a moral and legal one as well.
Personally I've taken people to the mat for this type of thing before and in years past I'd do it again in a heartbeat. These days, not so much. (Unless the guy was a real jacka$$ and just needs a good lesson learned, which only you can answer.)
The results however good in your favor just may not be worth the hassle. Recovery of your initial pricing along with court cost is likely all you'd be able to get. I don't see any other award, even though you were threatened. (That would be a misdemeanor charge brought forth by law enforcement, if at all.)
Again, it's about what you feel your time is worth. Other than that, the mental strain of messing with it all just isn't worht it. Although when I was your age.... I'd seriously followed through on this guy just to let him know he will not be getting away with that crap again, FWIW!
Here's a situation I know all to well as a 'for instance'.....
Myself and several business associates actually filed suit against the City of Atlanta back in the 80's because of their bully tactics to our industry. They were trying to make anyone that came in the city, no matter where their business was, to buy a permit from the city. With them on one side, and half a dozen companies on the other, (both local, state wide, and one in FL and TN) we fought through city, state, 11 circuit district court (and court of appeals) as well as US Supreme Court. And yes we won, every time, at every level. And what happened after 9 years in court, around $150K in legal fees, and the City's case being thrown out??????? Well, let's just say we can take the Supreme Court ruling, add 50 cents to it and can't buy a cup of coffee with it! So yes... NOTHING!!!
(They did however have to leave us alone, leave our industry alone, and to this day the precident is set that messing with interstate commerce is not acceptable no matter what stupid ordance they try to put on the books.) Although we saved a ton of money not having to buy permits from not just Atlanta, but every other city following the case that would now be doing the exact same thing to every single company that happened to pass through that city (or county for that matter).
