Wednesday, June 29, 2005

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.


At 3:52 PM, June 29, 2005, Anonymous Rebecca said...

do you think it has the same meaning as "go to hell"? Hmm...

I tried all of my usual tricks to find out (online etymology dictionary, urban dictionary, wikipedia) but to no avail. It must be an old people phrase. I am now going to get on BU's network so I can access OED online. I bet it will be in there. I can't believe I have "usual tricks" for determining the meaning of obscure phrases, I am such a dork.

At 7:15 PM, June 29, 2005, Blogger SAMPLES said...

Good luck (not that you'll need it, because you sound thoroughly prepared)!

At 7:32 PM, June 29, 2005, Blogger jm said...

I've heard of a phrase "Go pound sand."

That is all. Over and out.

At 9:11 PM, June 29, 2005, Blogger CM said...


The origin of the expression go pound sand is from a longer expression, not to know (have enough sense to) pound sand down a rathole. Filling rat holes with sand is menial work, and telling someone to pound sand down a hole is like telling them to go fly a kite. The expression dates to at least 1912 and is common in the midwestern United States.

(I was curious -- I've never heard any phrase involving sand.)

At 9:43 PM, June 29, 2005, Anonymous shell said...

Ah, count on CM, scholar of vocabs & their origins, to search for the info. I worship your sense of curiosity, CM.

Heather, we're counting on you to kick some @ss. Your landmark case will infuse us common people (hapless students, really) with faith in justice.

At 11:07 PM, June 29, 2005, Blogger Chai said...

Good luck girlfriend! I'm sure you will do great!

Wait, does your mom read your blog? If so, that is awesome. I have yet to share this secret with the rents.

At 11:10 PM, June 29, 2005, Blogger maisnon said...

I like "count sand" - it's like...a needle in a haystack or something, an impossible activity. You're not wrong, you're just adding to the English language :)

At 11:16 PM, June 29, 2005, Blogger Heather said...

Thanks for the etymology research guys! And thanks for the well-wishes, too, hopefully I won't have bad news for you next wednesday.

Maisnon - And I kind of thought 'count sand' made sense, since we were talking about numbers. Um, right.

Chai - Yes, my mom reads the blog, which is probably why it's good thing it's a mild summer, ;) We talk all the time, but she likes to keep up with my rants. I think she wishes I would write about politics more often.

Rebecca - Speaking of my mom, she says "cool it" with the "old people" comments. ha! you got told.

At 2:12 AM, June 30, 2005, Anonymous eve said...

Good luck!!! You'll do great! Wow, the legal process at work.

I've never heard of pound sand or count sand, but I actually like count sand better. It's like, you can go an count sand for all I care! That's fabulous, I'll have to use it from now and on [with proper attribution, of course.]


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