Chronology of Shaddock
versus Mickey Elston Court Case
Chronology of Shaddock
| 2010-07 | Tom Prior suggests Mickey Elston for the job to dig a ditch necessary to fix basement and tunnel walls at 806 North 4th Street, to Rick. Tom has not used Mickey much in the past, but heard he did this type of work. |
| 2010-07-05 |
Mickey came to 806 to give estimate for tunnel repair job, about 2 hours, proposing to use a back hoe machine on Rick's lawn. |
| 2010-07-05 | Mickey asks for $2500 up front, signs receipt, and deposits check #2209 in bank |
| 2010-07-06 | Rick calls Mickey to say he prefers to use less expensive, less damaging, alternative to fix tunnel (Amish with shovels), and leaves message asking Mickey for his money back. |
| For over 20 days, no response from Mickey | |
| 2010-07-27 18:28 | Mickey called Rick and left short message, claiming that he tried to return Rick's call (no evidence of this, per caller id) |
| 2010-08-10 | Mickey writes a letter with $100 check saying he will repay in "spotty and slow" payments |
| 2010-08-11 | Rick responds to
Mickey's letter, asking for a specific monthly payment plan. Rick puts letter in Mickey's mail box at 3411 Jackson Avenue, from his car window, while on a public street. (Mickey calls this "trespassing" two weeks later.) |
| 2010-08-15 | Tom Prior, going to bat for Rick, called to relay Rick's offer accept monthly payments or do other jobs. Mickey declines to pay or do the work |
| 2010-08-20 | Rick deduces that Mickey is out of money, and sent him a nice letter offering Mickey his choice of options to work off the money owed. |
| 2010-08-25 | Mickey writes letter alleging his right to deduct $35/hour from the amount due |
| 2010-08-30 | Rick spends 2 hours in Case Prep for Attorney |
| 2010-08-31 | Mickey makes false claim to police of
"trespassing" - when Rick had not even gone on his property an attempt to intimidate Rick into stopping his low key, legal, peaceful, and reasonable collection efforts. Mickey lied to public officers to try to get an "advantage" in Small Claims Court, by alleging misconduct. Police issue a warning, as a formality, with no charges being made, contrary to Mickey's tactical plan. |
| 2010-08-31 | Rick asks for counter-claim against Mickey, to
prevent him from going on his property as well. Police agree with Rick that Mickey was lying, and that there is probable cause that Mickey might do anything. Police call Mickey, ask that he come to the police station, admonish him, and issue him a Stay Away Order. |
| 2010-09-12 | Rick scans Court Papers to show Attorney Robert Liptak 1890 185th St, Ff 877-333-2839 |
| 2010-09-13 | Rick files for Small Claims Court, and Sheriff serves paper to Mickey |
| 2010-09-29 | Mickey files Motion to Dismiss, but does not sent timely |
| 2010-10-04 | Mickey mails Motion to Dismiss to Rick per Des Moines post mark, which arrives 2010-10-08 |
| 2010-10-11 | Rick responds with counter-motion showing Plum Grove LLC is inactive per Iowa State web site not completing requirements of Iowa Code 490A.131 |
| 2010-10-11 | Verified with
Iowa Secretary of State the Plum
Grove was dissolved in August 2008 for failure to file a bi-annual report
515-281-5204 (M-F 8-4:30). Notifications in January, delinquency in June, and
August admission. Corporation #367669 Iowa Attorney General 515-281-5926 Consumer Complaint Form Note that the "Active" under "Names" only means it is active in the database. The Status (upper part of the page) says "Inactive" which is the important part. |
| 2010-10-12 | Small Claims Court date 08511 SCSC018653 before Judge Waggoner |
| 2010-10-12 | Mickey makes death threat, which Rick reports to police Officer Miller questions Mickey for making threats Report # SO-1003763 |
| 2010-10-12 | Judge rules that LLC has expired and Mickey owes the debt personally |
| 2010-10-20 | Mick files Response and Request for Denial, saying the LLC was ok. |
| 2010-10-22 | Shaddock responds saying L.L.C.is STILL inactive |
| 2010-10-27 | Mickey responds to Shaddock's 2010-10-22 letter, still trying to hide behind the LLC. |
| 2010-11-02 | LLC is STILL inactive, according to Iowa State Secretary web site. |
| 2010-11-02 | Judgment for $2200 against Mickey Elston, personally |
| 2010-11-15 | Mickey fails to make $100 payment on 11/15/2010 as ordered by the Judge |
| 2010-11-16 | Shaddock makes friendly call to remind Mickey
that the monthly payment is due. Mickey responds by making bogus "harassment" complaint to police. |
If you pay Mickey "Earth Man" Elston in advance
you will not hear from him in weeks.
He will not show up to do the work.
He will claim that he "tried to call" you.
If you change your mind and fire him,
he will call that "breach of contract"
even if there is no contract.
If you politely ask for a refund, by voice mail message,
he will call that "harassment".
If you put a letter in his mail box,
he will call that "trespassing."
He will call and lie to police, making false accusations,
bearing false witness
Mickey will try to charge you $35 for dealing with a situation
he caused, by not refunding your money as requested.
He will try to pass off the debt to his latest LLC
then let it expire, to make it harder to collect.
He will threaten your life if you take him to court.
He will lie in Court, and try to shmooz the judge to no avail.
|
IN THE DISTRICT COURT OF IOWA, IN AND
FOR JEFFERSON COUNTY
A hearing was held on Oct 12th, 2010. The plaintiff appeared in person pro se. The defendant, likewise, appeared in person pro se. The case involves the refund of monies paid as a deposit for excavation work which was not completed. The Court finds, at the time of the estimate and payment of the down payment, that Plum Grove LLC was a valid company and had not been administratively dissolved. The Court further finds that the existence of the LLC is not determinative of the issue of liability in this case. Thomas Prior, a local concrete contractor, testified that all excavation work done with Millard Elston was with the defendant personally. He referred the defendant to Frederick Shaddock. the defendant testified that he was not a part of Plum Grove LLC which was owned by his wife. At no time during the inspection and estimate of the project did the defendant indicate that he was an employer or that this work was to be done by a corporation or LLC. The only indicate of LLC involvement was when the defendant requested that the down payment be made payable to Plum Grove LLC. If the defendant wishes to hide behind a corporate shield he must establish adequate notice to the plaintiff that the LLC was the contracting entity. He failed to do so. The defendant admitted that a refund was due but requested $300 for work done. The Court notes that the plaintiff was the reason for the delay in completing the project. The Court allows $200 for compensation to the defendant, and a credit for $100 repaid. Judgment against the defendant Millard Elston III in the amount of $2200.00 with interest at 2.26% from Nov 2, 2010, plus court cost of $101.50. The defendant has seasonable employment therefore: it is further ordered that he foregoing judgment be paid at $100 per month beginning November 15, 2010, and on the 15th of each month through April 15t. Beginning May 15th payments shall be $200 per month until paid in full. SO ORDERED this 2th day of November 2010. Benny B. Waggoner |
