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HomeMy WebLinkAbout886298886298 LINCOLN OOUNTY OLERK Request For Property Lien Submitted by: R&J Custom Countertops, L.L.C 2300 No. Yellowstone Idaho Falls, Idaho 83401 Phone (208) 528-8247 Attention: Mr. Wythe Jones, Partner Aeainst: Mr. Douglas G. Rieck 131 North Adams ARon, Wyoming Phone (307) 885-9498 County Clerk LincOln County, Wyoming P.O. Box 670 Kemmerer, WY 83101 Dear Sir or Madam: Please consider this as a formal' request to place a Lien against the property of Mr. Douglas G. Rieck, address as shown above. R&J Custom Countertops, a company based in Idaho Falls, Idaho, has taken every step to avoid this action, but to no avail. Specifics are shown below. Amount Owing to R&J by Douglas Reick: Two Thousand Six Hundred Eighty Nine and Zero One Hundredths Dollars. ($2,689.00). Reason for Request for Lien: R&J Custom Countertops (R&J) was contracted by Mr. Rieck to furnish and install custom solid surface countertops and drop-in sinks, in accordance with the attached contractual agreement (Proposal and Acceptanee dated 1 1/14/02). T oral agreed upon price at contract signing: $2,409.00. On November 14, at the time of signing, Mr. Rieck gave R&J a personal check in the amount of $1,279.50 as the agreed upon down payment. R&J deposited this check in its account at the Bank of Commerce in Idaho Falls, Idaho. Balance of $1,129.50 to be paid upon installation by R&J. Mt. Rieck requested that R&J install the countertops on November 19, to meet construction schedule. R&J agreed to this date. Mr. Rieck agreed to pay the installation balance of $1,129.50 upon installation the 19th. Page 2 of 3- R&J Custom Countertops Request for Lien Against Douglas G. Rieck All services w ere performed a nd c ompleted/installed b y R &J a s contracted o n November 1 9, 2002. R&J drove from Idaho Falls Idaho to Afton and installed the countertops. Mr. Rieck was not present during the installation. His son said that Mr. Rieck would make payment. R&J returned to Idaho Falls. On November 27, 2002, R&J was advised by its Bank that Mr. Rieck's check dated 11/14/02 was not honored, due to INSUFFICIENT FUNDS (see attached copy of check). At this point, R&J had two items owing from Mr. Rieck. These were a bounced check for the down payment ($1,279.50) and the balance due at installation ($1,179.50). As of 12/11/02, in spite of repeated and persistent attempts by R&J to be paid by Mr. Rieck, no monies have been received by R&J. Further details are provided below. Legal Description of Property: Mr. Rieck's street address where the items w ere installed i s shown above, as 131 North Adams in Afton. As near as R&J can determine, the legal description is Part of Lot 2, Block 4, of the Alton Town Site. This is a single family dwelling. The property was deeded from Suzan Pauling to Douglas Rieck, and recorded by the Lincoln County Clerk on October 11, 2002. Attempts Made by R&J to Avoid This Action (Request For Lien): Numerous attempts have been made by R&J to obtain payment, without results. These include the following: November 27: Called'Mr. Rieck in the morning, before R&J knew the check had bounced. We talked about the installation and he expressed complete satisfaction. He promised to send a check for the balance ($1180.70) that same day (11/27). November 27: R&J learned in the afternoon (from its Bank) that the check for $1,279.50 was INSUFFICIENT FUNDS. A copy of this check is attached. R&J immediately called Mr. Rieck but he was not available. R&J left a message. · November 29: R&J called Mr. Rieck again, several times, and left messages. November 30: R&J again called Mr. Rieck, and this time reached him. We discussed the bounced check, and also, the balance ($1,179.50) due and owing. R&J requested full payment b y December 2. M r. R ieck s aid h e would contact h is investor a nd straighten everything out. December 2: R&J called Mr. Rieck repeatedly on this date to check status. A party answered at the (307) 886-9498 number and advised he could be reached at (307) 885- 9498, which was his jobsite number. R&J finally reached Mr. Rieck late in the day. He said he couldn't reach his investor but that R&J shouldn't worry and that full payment would be forthcoming. He said he had been pre-approved for a loan and would send full payment to R&J by December 11, at which time he'd have his loan money. R&J said Page 3 of 3- R&J Custom Countertops Request for Lien Against Douglas G. Rieck this would be okay, but onlY if he faxed this information to us no later than December 3. He took R&J's fax number, but the information was never received by R&J. December 6: After several days trying unsuccessfully to reach Mr. Rieck, R&J called the Alton Police Department for guidance on the bounced check for $1,279.50. R&J spoke with Officer Tim Heggenstaller, who was extremely helpful. He asked for a copy of the check and the contract, which R&J faxed. December 6: Mr. Rieck called R&J and was very upset over a visit he got from Law Enforcement over the bounced check. He threatened to "stall", and delay payment as long, as possible. After this conversation, R&J opted to send this Request For Lien in an attempt to secure/ensure payment. Further Details and Information: Please note that the total agreed upon contract price was $2,409.00, while this Request For Lien is for $2,689.00. This disparity is explained as follows: $1279.50 $ 30.00 $1129.50 $ 5O.OO + $ 200.00 $ 2,689.00 down-payment check-returned insufficient funds returned check fee due at install install cabinets (see note 1) lien preparation (see note 2) Total lien amount Note 1' Installing cabinets was not a part of R&J's scope of work. This was to have been performed b y M r. R ieck. U pon R &J's arrival t o install t he c ountertops o n November 1 9, t he cabinets were not installed. Mr. Reick was not present. Mr. Rieck's son and partner Daniel Rieck authorized R&J to install the cabinets, at a cost of $50.00. Note 2: Lien Preparation costs. As the result of non-payment by Mr. Rieck, R&J has expended at least $200.00 in time and effort. This covers such items deferring other bills, payment of $17.00 to Lincoln County, telephone and other charges. Your favorable consideration of this Request will be gi'eatly appreciated. 3 Page 3 of 3- R&J Custom Countertops Request for Lien Against Douglas G. Riecl~ this would be okay, but only if he faxed this information to us no later than December 3. He took R&J's fax number, but the information was never received by R&J. December 6: After several days trying unsuccessfully to reach Mr. Rieck, R&J called the Afion Police Department for guidance on the bounced check for $1,279.50. R&J spoke with Officer Tim Heggenstaller, who was extremely helpful. He asked for a copy of the check and the contract, which R&J faxed. 314 December 6: Mr. Rieck called R&J and was very upset over a visit he got from Law Enforcement over the bounced check. He threatened to "stall", and delay payment as long as possible. After this conversation, R&J opted to send this Request For Lien in an attempt to secure/ensure payment. Further Details and Information: Please note that the total agreed upon contract price was $2,409.00, while this Request For Lien is for $2,689.00. This disparity is explained as follows: $1279.50 $ 30.00 $1129.50 $ 50.00 + $ 200.00 $ 2,689.00 down-payment check-returned insufficient funds returned check fee due at install install cabinets (see note 1) lien preparation (see note 2) Total lien amount Note 1' Installing cabinets was not a part of R&J's scope of work. This was to have been performed b y M r. R leek. Upon R &J's arrival t o install t he c ountertops o n November 1 9, t he cabinets were not installed. Mr. Reick was not present. Mr. Rieck's son and partner Daniel Rieck authorized R&J to install the cabinets, at a cost of $50.00. Note 2: Lien Preparation costs. As the result of non-payment by Mr. Rieck, R&J has expended at least $200.00 in time and effort. This covers such items deferring other bills, payment of $17.00 to Lincoln County, telephone and other charges. Your favorable consideration of this Request will be greatly appreciate, d,.,, ~.~- ~.. ............ ..-~. ~ . Respectfully, · ..",,~ .~ PROPOSAL R&J Custom Countertops .3_~ 5 2300 N. Yellowstone Hwy, Idaho Falla, ID 8_3401, Ph. (208) 528-824~!~j(~~ · , PRODUCT COf~R PRICI~ $ Subtotal $ 7_c~"-%- ~.: .~:>~ ....-,-...:..., ',.,. ?.', -,~ .::.>..,~ :..~,.>.' - .'..,........ :.:,...,~. ·.. ~ ~o~ , >~ o ~ [ , Due at completion of Job $ /'/~ fi, R&J Custom Countertops hereby proposes to furnish labor, material and installation, complete in accordance with the above specifications for the sum shown. The date of installation will be the week of , contingent upon your down palmaent today. This price does not include the removal of the existing surfaces. This proposal is valid for SO days. ACCEPTANCE OF PROPOSAL ., .B,y si,l~.ing below, I do hereby voluntarily enter into this contract with R&.I CUStom Co~t~rtops to manufacture and install me aoove-mentioned products into my home/business. Payment will be made a~ ou.~..t~ed above,/ ...................... ~ / Customer Signature: :,"'(_~'/ ~ DATE //-/q'~ l:l&.!Signature, '~ ~' :~}O" PAYRDTOERTHEoF ~:' .~' '~'' ':':' "'"* {~;{~~/:~ ?::~': ''~' ';': ":'~/ :~ :: ~::'~:J~"'' ' :~ ~ ~, D~ ~/~~ '~"~'~'": '' - :~' ...... .... ~'"'"" '" .... THE HOME DEPOT 1802 2075 SOUTH HOLNES'AVE IDAHO FALLS, ID STORE MGR. TONY KLEIN (208)542-2520 .: 1802 00007 37197 11115102 SALE 11 383 04:05 PM 040688063478 LAV.NHTE 72.00 040688063478 LAV.NHTE 72.00 SUBTOTAL 144.00 144.00 TAX ID 5.000 7.20 TOTAL $151.20 CHECK 151.20 1303101128 AUTH CODE 459059 1802 07 37197 11115102 5811 THANK YOU FOR SHOPPING THE IDAHO FALLS HOME DEPOT-DRIVING DOWN PRICES EVERYDAY! RECEIPT REQUIRED FOR REFUND!!