Do we file a suit, a report, or remove the service until customer agrees to pay in full?

UPDATED: Sep 30, 2022

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Do we file a suit, a report, or remove the service until customer agrees to pay in full?

My husband does freelance construction-related projects for folks and was asked to replace mobile home skirting that had been damaged during a hurricane. She asked him to beef up the quote so she might get more from her insurance company but he is too honest and told her no. He agreed to simply prepare a quote for materials and each step of his expected labor, stating that half of the cost would be due at signing and the remainder would be due upon completion. He sent it to the ‘Jane’ for review, and she asked that he put her project on his schedule. A few weeks later which was this week, he contacted her to let her know he could get her skirting fixed within the week. She signed the quote agreement, and paid half as agreed. Once he completed replacing the damaged skirting, she contacted him and began cursing about the job and demanding to know why he had not replaced all of the skirting. She repeatedly claimed his quote was to replace all of it, yet it only stated

Asked on January 20, 2017 under Business Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you remove it, you will be committing theft and/or vandalism. You cannot go and simply unilaterally take back materials or undo work. The legal way to address this situation is to sue her for the money she owes pursuant to the quote or the revised quote--whichever you feel more comfortable asserting and justifying in court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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