A "vendor" who is threatening to sue me for money!

clearheavens

I have a dilemma over a vendor who is threatening to "sue" me.

In February 2011, I found this guy on my local craigslist for a videographer.  I asked him if he was available on my date, and he said:

"I'll be available in the morning, but I am booked for later that afternoon."

Then I said:

"That's great you're available.  How much is it?"

He never got back to me.

Fast forward to now, a week before the wedding.  This guy says:

"I wanted to touch base since we haven't spoken in a while.  I have the time allowed for your day and my equipment is ready.  Can you send me your address and give me other details?"

Obviously I had already booked a videographer since then.  So I wrote to him:

"I am sorry we're just reconnecting now, but we weren't in touch for months, and with no contact in the last few weeks before the wedding, I had presumed that you weren't interested anymore.  We decided to go another direction for the videography."

He then wrote this email:

Thanks for the response. 

I assume you feel that you are not the responsible party here, and  that an email confirming things weeks or months in advance may have been in my best interest. In Ohio for amounts under $500 you are required to hold to your end of such said deal without a written and signed document.  In other words, our email communications are legally binding here.  I have now lost a time slot in a struggling

economy. This is a matter of principal.

We can handle this very simply at this point. Half of the agreed upon amount ($150.00) needs to be paid. This payment can be made via PayPal.
Our LLC has the right to pursue two options 
1. Contact the credit bureaus for an unpaid balance.
2. If the issue is not resolved we will be forced to contact our retained attorney.

Please let me know that you can resolve this issue today.

I don't even know where he got the $150 from because he never gave me a quote in the first place!!!!

Let me review the details:

I never agreed to anything, just inquired about his availability, and said, "That's great you're available."I did not sign a contract with him.There was no deposit required. I didn't send him any money.He never got back to me how much his service was anyway.He does not have a website and I didn't even realize his "company" is an LLC.  As far as the work I've seen, he just shoots videos for his friends and posts them on YouTube.

This is such BS.  What should I do?  Should I even write back?  Please help!  This is stressing me 1.5 weeks before the wedding!

DG1

Sounds like a scam to me.  If no amount was ever agreed upon, you don't owe him half (or all) of anything, even IF what the rest of what he says is true (which I doubt).

I would ask on the OH board.



Andplusalso, anyone who says "principal" when they mean "principle" is an idiot in general. 

6fsn

Sounds like a scam.  I've never heard of the under $500 thing.  I'm sure someone you know is or knows a lawyer who can answer if that is even legit.  My guess is this guy just hopes that people will pay up.

zsazsa-stl

He doesn't have a leg to stand on.  You never entered into any sort of contract with him.  You have nothing to worry about.  Dude probably makes his money by scaring $150 blackmail payments out of people who don't know better.  I wouldn't e-mail him and entertain his scam any further.

NOLABridesmaid

Yeah, scam.

hmonkey

i am not a lawyer; this is not legal advice:  tell him to cram it up his cramhole.

MinM

What everyone else said, and I would go to my local board and warn the others. And perhaps other media outlets. A local news station might love something like this.

GBCK

Save teh message
Talk to your local BBB (although they're not exactly the powerhoue people think they are) and ignore him.

[Deleted User]

I'm not a lawyer either, but this is more common sense.  You had no contract; you owe him NOTHING.  Personally, I would probably respond letting him know I think he is pond scum, but I don't think you're obligated to do even that much.  I would advise you to do what makes you comfortable, but definitely don't send him any money.

P.S.  I'm sorry you are going through this.  Part of the fun of my wedding was how nice everyone was to work with and hopefully, it will be brighter skies from here on for you.

NOLABridesmaid

Ha. Zilla, that needs to be our new standard response.

clearheavens

Thanks everyone for your advice.  It helps to get my spirits up when the wedding is so near.  I am grateful for the REAL vendors I booked, they were wonderful to work with.

I've decided to just ignore this guy because he doesn't deserve a response.  If he harrasses me when we come back from the honeymoon, I will see how long he keeps it up until he gives up.

kelleyah

Hi! I am a lawyer, but am not licensed to practice in Ohio, so this should not be considered as legal advice.  But if it were me, I'd keep the message, and any other emails between the two of you.  On the off chance he tries to bring a small claims action against you, that is pretty vital evidence.  Again, not legal advice, but if the emails you described above are the entirety of the communications between the two of you, it sounds like there wasn't a sufficient "meeting of the minds" as to form a contract, regardless of whether there was a signed document.

Good luck! Sorry you have to deal with this. If he gives you further trouble, feel free to message me -- I'm sure I have a friend somewhere who is licensed in OH who can send him a nasty-gram.

ElleB87

You have no written contract with him so he has no grounds to sue you. Let him blow smoke out of his butt all he wants.  I agree with the PP - keep all correspondance so you can prove - just in case - that there was no contract or expectation or payment/deposit/etc...Best of luck!

MomJen

Contact your local better business bureau AND the state Attorney General office and if there is one, a local consumer affairs bureau.  They will be able to help you.

KatyRoseM

Just a comment, you don't need to have things in writing to have a contract if it is for sale of goods for under $500.  That being said this doesn't look like a meeting of the minds so there is no contract. 

I'm not licensed to practice law in Ohio and this should not be considered legal advice, however its good for everyone to know that there is such a thing as a legally binding oral contract. 

jmhuber1

This is truly a joke! haha, that guy is definately a scam artist and you should not feel bad whatsoever. DO NOT give him any details about yourself. Write him back and let him know that he can meet you at such and such address and he can have a cashiers check for the full amount because it was your fault. BUT MAKE SURE SUCH AND SUCH ADDRESS IS YOUR LOCAL POLICE DEPARTMENT. HIS A$S CAN BE ARRESTED ON THE SPOT!!!! what a piece of crap!