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Skip court, file a lien. Eventually they will want clear title.
Since reading the original post, I’ve been wondering if this “mediator,” who has seemingly come out of the blue, is a friend of the client. Could this be an attempted con?
Go to court. “Now” trumps “someday” by far.
It definitely smells like one.
I didn’t think so until suspicions were raised here on this thread. When I filed with the court back in April of this year, the notice I got back from the court included the date for the trial and a note about the mediation process. The court mentioned this specific mediator as an alternative resolution.
Historic Boundaries and Conservation Efforts@bill93 There is nothing for certain in Court. Usually the best Liar wins. I was lucky, the Deadbeat died and his estate paid me my fee plus 7 years of interest.
My mediation lasted about 10 minutes. The Mediator came back to me and said “You’re not going to get anywhere with this guy!”
You can go and pull all the monuments you set.
N
From my limited experience in court, (and this might not be the same where you are), the court definitely wants you to work something out among yourselves. But in absence of a mutual resolution, a court date is set. I see nothing in what you wrote that would necessitate a forced mediation, but what do I know
I’m reading stuff about lawyers, but I’d assume that this is small claims court, so lawyers aren’t necessarily needed.
You are right. It is a small claim. Since the delinquent client is acting entitled by making the decision that I may keep the retainer fee while, not admitting to owing the balance, I don’t see a way to work it out except in the court. Yes, lawyers are not necessary.
The court date was set for April of this year, and was continued because of the pandemic. Recently, I spoke with the clerk of the court and learned that the trial will be held in August. That is probably the reason the delinquent client is acting like mediation is an option.
Historic Boundaries and Conservation EffortsI don’t think that would be ethical. Also I am afraid it may evolve into a violent situation.
Historic Boundaries and Conservation EffortsB.S. We have done it – one time. They refused to pay what was quoted, and were going to hire another firm – so we went and pulled the irons. They want to file on us – what is going to be their argument? Did not provide the service? You no pay, we no survey!
I feel what is unethical is to survey behind someone tie in their irons and use their boundary when you know they were not paid for their service.
- Posted by: @toivo1037
I feel what is unethical is to survey behind someone tie in their irons and use their boundary when you know they were not paid for their service.
That is unethical in every state I’ve worked in. The thing is, if they know that you haven’t been paid for the work.
I figured using the quote feature would stick my reply here. But I guess you have to reply and quote. Or quote and reply. Or something like that
- Posted by: @not-my-real-name
The court mentioned this specific mediator as an alternative resolution.
Then he’s legit. The court maintains a panel of approved mediators who have met certain minimum qualifications and who are required to adhere to specific ethical standards.
- Posted by: @not-my-real-name
You are right. It is a small claim
Well that changes things. Court costs will be low but you also may need to take action and spend money to enforce any judgement. While a small claims court judgment carries legal weight, it may be difficult or even impossible to enforce the judgment. Collecting a court judgment is one of the most challenging and frustrating aspects of any lawsuit.
- Posted by: @not-my-real-name
Yes, lawyers are not necessary.
In small claims court lawyers are not allowed. You can NOT have a lawyer represent you.
This I’ve experienced. Winner doesn’t necessarily collect, esp if you don’t understand how what and where to grab the money from
I do know now, and boy it makes a difference. Big-time.
The instructions from the court state that lawyers are not necessary, but I may hire one if I wish. That may be different where you are.
Historic Boundaries and Conservation Efforts
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