Or, you can count sand.
It's been awhile since I blogged about the lawsuit I'm in, so let me recap. I did some freelance work for a guy last year who then tried to hustle me out of my pay. Everything is in writing over email, where he approved my finish date multiple times, so I took it to a few of my professors who told me I had a good case and, in their opinion, "this isn't the first time he's tried to do this to someone."
So, I filed for breach of contract in small claims court. It's been going on for awhile because 1) it's a lawsuit, duh, and 2) he filed a motion to dismiss early on which was denied after I added a defendant to the case. (I sued him personally, for various reasons, and he claimed I should have sued his corporation, which may or may not be true, but the judge can figure it out now.) So it's been an interesting dive into Maryland Civil Procedure, to say the least. My friends keep saying, "Did he forget that you have legal training and that you have access to legal professionals?" I think so, but was brought back into reality when he got my Motion to Deny Defendant's Motion to Dismiss and my Motion to Amend Complaint, along with their respective Orders. Secretly, it was a little fun.
Anyway, before the first court date his lawyer (yes! he lawyered up for small claims court!) called and offered me - seriously - 1/5 of the contract price. I said no. So, after the corporation was added the court date was moved to July 6, next Wednesday. I admit I'm a little nervous about standing in my suit in front of a judge, but it's small claims so it's not like I need to bring precedent and legal theories with me. I will, however, be spending July 4 preparing my evidence, so that should be a blast.
The point of bringing this up actually is that his lawyer just called and offered to settle again, for double his first offer. My professors said he would probably do this once he realized I knew what I was doing. However, I have a particular number I'll settle at, and he hasn't reached it yet. His lawyer is going to take it to him and let me know. I doubt he'll go with it, but, that's his problem. I'm ready to take him on if I have to. I don't want to get overconfident though, you know how it is with lawsuits - anything could happen.
Oh, the count sand thing is what the lawyer said to me after I made my counter-offer. She kind of laughed and said "or he can count sand, right?" I actually didn't hear her and asked her to repeat it, which she did and added, "I'm just joking." I think she felt a little dumb. I've never heard that phrase before, have you?
Addendum: My mother and Rebecca and JM have pointed out the obvious: I am dumb. Or deaf. Or something. She probably did say "pound" sand, but like I mentioned, I couldn't understand her the first time so I probably still mis-heard when she repeated it. Pound sand makes more sense, and also explains why she seemed to be a little concerned when I said "what?" because it could obviously be taken as hostile. Clearly, I didn't.