Legal Question in Credit and Debt Law in Tennessee
I had a job to deliver a piano from Colorado to Virginia,with a contract spelling out different leveles of service.From white glove in home to, LTL transport only ,customer chose this lowest cost level of service LTL transport only,contract also states any other service will require extra labor at extra cost.
Because of distance and truck break down delivery took loner than planed ,customer got many calls to up date and delivery was attempted . At arrival bill was presented and cash payment was the requirment. Customer refused payment ,said he would discount payment after it was plased in the house,access was a long carry across large stones through the back yard. Not part of deal and clearly not in contract.Question was asked and answered.Service is to curbe. Customer refused payment ,told I would leave if not paid.As situation got woorse I got in truck and left,put piano in local storage ,and emailed a bill for extra charges,with my name and bank account asking for a wire transfer ,and that I would provide location and access to get Piano. No payment ever arrived.Now my local police are going to arrest me and charge me with chirminal extortion.I have talked with the dectives for hours ,demanding that this is a civel monatary dispute,and in no way a police matter.The local proscuter has said the min. I sent a email demanding more than the dollar amount of the contract I comitted extorsion,that I would be arressted,a search warrant for my house would be executed and my computers seized. This is in Germantown Tn a affluent sub of Memphis with no crime and a big police force.and a history of over the top police actions and investigation.What do I do. I made no threats or criminal action just demanded proper payment at time of delivery. and a email with a list of additional expences ,hotel ,min storage lock rent etc.I had to stay in area over night to get a storage next day,I didn't want to haul piano back to TN. I wanted it stored local so it would be easyto get. Edwin Landshof 901 754 3997
1 Answer from Attorneys
Your instant problem is not so much with the delivery contract but with the pending criminal charge. My recommendation is that you IMMEDIATELY retain the services of a criminal lawyer with a secondary recommendation being that you not enter into any further conversations with the police and/or the prosecutor. Anything you say, regardless of what you say to them, can be used against you even though your statement may be a protestation of innocence. I would also recommend that you not make any more statements about the matter, of any sort, in any public forum such as LawGuru or any social media. The simple point is that anything you say, outside of certain privileged communications, can always be used against you.
Once the criminal aspect has been handled, you can then deal with the civil matter which is going to be based upon contract and transportation law (if you are subject to various state and federal transportation statutes and regulations). As to whether either of you has a claim against the other depends upon a number of different factors, most of which would be the written terms of the contract. Without seeing the written contract however, advisement as to your rights and obligations cannot be set forth.
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