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Home Depot called on the carpet over $5,000 judgment
Houston Chronicle ^ | 02/21/03 | JANETTE RODRIGUES

Posted on 02/20/2003 10:32:53 PM PST by GalvestonBeachcomber

After winning a judgment of more than $5,000 but seeing Home Depot balk at paying, Virgil Zoth finally found a way to get the giant retailer's attention.

Flanked by constable's deputies, the Deer Park resident walked into his local Home Depot earlier this month and seized nine John Deere riding lawnmowers.

Now the Atlanta-based corporation is ready to write him a check.

Zoth says he'll believe it when the money's in his hands.

"They lied before," he said Thursday.

His long struggle with the company, which offers itself as a do-it-yourselfers Mecca, began last summer when he bought wall-to-wall carpet to replace what had been ruined by Tropical Storm Allison in June 2001. Zoth and his family had been living on concrete floors since pulling up their soaked carpet.

He said he paid for the carpet in full and was promised delivery in 10 days, give or take a few days.

Nine weeks later, it arrived and Home Depot sent workers to install it. Only after they had hammered tack strips into the concrete floor did they discover the carpet was defective, Zoth said.

"They had to go ahead and finish the installation because they put tack strips down," he said. "The strips are pieces of wood with tacks in them sticking up, which is used to catch the rug on."

Removing them, he said, would have caused more damage.

The manager at the Pasadena Home Depot, 5455 Fairmont, agreed in writing to install another carpet, Zoth said, but nothing happened. Eventually, he went to small claims court.

Harris County Justice of the Peace Molly Maness-Barnes said Home Depot never bothered to come to court, which isn't unusual in small claims cases. She issued a default judgment in Zoth's favor in early December.

After waiting the required 30 days, Zoth said, deputies from the Precinct 8 Constable's Office took the court order to the store in early January. He said the manager called a company attorney in Georgia, who requested two weeks to respond.

Zoth, a 60-year-old mathematician, agreed to wait.

But after waiting almost three weeks and getting no response, the deputies returned to the store early this month. The manager called an attorney in Dallas, who said Home Depot would appeal the ruling rather than pay, Zoth said.

The deputies told the manager to either pay up or point out merchandise to be sold in a public auction to satisfy the judgment, but he refused, Zoth said.

"So I got to choose what to take."

He chose the nine John Deeres, which many consumer advocates consider the Cadillac of riding mowers. The ones he chose retail for about $1,800 each.

The Home Depot later got a state district judge to issue a restraining order blocking the sale and instructing the constable to return the mowers to the store.

Judge Maness-Barnes said such an order is very unusual.

"I've been in office 15 years and I've only received one or maybe two," she said. "They didn't come to court. And then I get this (order) and I figure someone must have woken up."

Home Depot spokesman Don Harrison said the company is now willing to pay the judgment.

The legal department "directed the attorneys representing us in Houston to pay the judgment tomorrow," Harrison said Thursday.

"I believe that is $5,000 in full," he said. "Home Depot fully plans to reach an amicable resolution with Mr. Zoth."

Zoth is skeptical, noting that broken promises are what prompted him to sue in the first place.

He also is concerned that Home Depot won't pay the estimated $2,000 storage cost and other fees associated with the seizure of the John Deeres.

Despite the latest developments, however, Deputy Constable W.M. Bristow said he has not received any notice to stop plans to auction the riding mowers today.

Bristow said the sale is scheduled for 1 p.m. at the Eady Salvage Co., 3206 Pansy in Pasadena.


TOPICS: Miscellaneous
KEYWORDS: govirg; homedepot; smallclaims
Occasionally the little people win.
1 posted on 02/20/2003 10:32:53 PM PST by GalvestonBeachcomber
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To: GalvestonBeachcomber
I can pretty confidently guarantee that Ho 'Po paid in excess of $5K to a bunch of overpriced weasel lawyers to dodge judgment.

With all the adiitional breath they waste in PR claiming to "do the right thing," they should've just paid up.

Next, they should stop hiring illegal aliens.

2 posted on 02/20/2003 10:41:35 PM PST by martin_fierro (oh, did I say that out loud?)
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To: GalvestonBeachcomber
The big guys assume they have enough legal resources to get the plantiff to quit before the little guys legal bill get too high. Every lawyer I talk to tells me to settle when challenging a big company because they will simply keep litigating until the little guy's resources dry up. The only way to win is to let the other side know, that you have enough money and patience to litigate until hell freezes over, then the big guys might actually make a fair settlement offer to you.
3 posted on 02/20/2003 10:41:50 PM PST by staytrue
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To: GalvestonBeachcomber
I love when this kind of stuff happpens.

Thanks for the post GB.

Regards,

L

4 posted on 02/20/2003 10:41:57 PM PST by Lurker (When I want your opinion, I'll beat it out of you.)
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To: martin_fierro
Doing the right thing for the large corps. is squashing every little guy they can just so that the next little guy who gets screwed won't even try to challenge them. Establish a reputation as a bully and most often you will never have to fight and that is the way they do business.
5 posted on 02/20/2003 10:43:57 PM PST by staytrue
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To: GalvestonBeachcomber
Those mowers are big. I wonder why he didn't walk over to the tool section. He could have fit $5000. worth in a shopping cart.
6 posted on 02/20/2003 10:54:18 PM PST by Jeff Chandler ( ;)
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To: GalvestonBeachcomber
The Home Depot later got a state district judge to issue a restraining order blocking the sale and instructing the constable to return the mowers to the store.

------

Despite the latest developments, however, Deputy Constable W.M. Bristow said he has not received any notice to stop plans to auction the riding mowers today.

???

7 posted on 02/20/2003 11:00:37 PM PST by lewislynn
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To: GalvestonBeachcomber
I am sure Home Depot made a killing in duct tape/plastic sales alone to pay this drop in the bucket.
8 posted on 02/20/2003 11:04:36 PM PST by TaRaRaBoomDeAyGoreLostToday!
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To: GalvestonBeachcomber
Good for him! The company that I work for is going out of business largely because we relied upon several large home center chains for our business. They literally bleed their vendors dry with bogus claims and short-paid invoices. I would bet that they didn't pay the carpet manufacturer for this job, either. Once they make certain that your company is dependent upon them, they demand many tens of thousands per year in advertising assistance as well.

Did I mention the average 60 to 90 days to pay their bills?

If you have a choice, shop at Lowe's, trust me.

9 posted on 02/20/2003 11:09:36 PM PST by garandgal
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To: garandgal
shop at Lowe's, trust me

Home Depot dressed in blue. The senior guy on the floor is the one with two weeks seniority and he forgot what the guy that quit told him. LOL

10 posted on 02/20/2003 11:26:19 PM PST by doglot
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To: doglot
Oh, that's TRUE of all of them! The manager of the plumbing department one day, will suddenly be manager of the window department the next.

If you are not a do-it-yourself kind of person, they offer NO help.

My post was referring only to the fact that their corporate philosophy (more than most) is to treat their vendors somewhat like partners. Trust me, it was meant to suggest nothing about shopping there..LOL!

11 posted on 02/20/2003 11:37:16 PM PST by garandgal
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To: garandgal
They literally bleed their smaller vendors dry with bogus claims and short-paid invoices. I would bet that they didn't pay the carpet manufacturer for this job, either. Once they make certain that your company is dependent upon them, they demand many tens of thousands per year in advertising assistance as well....Did I mention the average 60 to 90 days to pay their bills?

They probably paid the carpet mill (a LARGE supplier), because applying for materials credit is a big-money proposition. In addition, they have sweetheart exclusivity deals with the mills/manufacturers that are difficult for smaller business to compete with. One good selling point for us was the QUALITY OF OUR WORK vs theirs. You wouldn't BELIEVE who they hired as staff here.

12 posted on 02/21/2003 12:39:05 AM PST by lorrainer (Yeah, I used to be in the carpet business...You got a problem with that?)
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To: lorrainer
You know, you are probably right about carpet (I am in another floor covering industry). We were actually a fairly LARGE vendor for several of them (in their upper 30%, I would guess). They probably don't mess with the major carpet mills any more since there are only 3 (and that's iffy) left! Don't you just LOVE the floor covering business? LOL!

I didn't deal with the home centers on a day-to-day basis. I worked with distributors and major (non-home center) retailers, so you know where my loyalties lie!

13 posted on 02/21/2003 12:55:51 AM PST by garandgal
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To: garandgal
Don't you just LOVE the floor covering business? LOL!

I loved it SO MUCH! (I was recently "paroled" after serving 16 years, LOL.) And talk about the profit margins!(/sarcasm). This is the first year I didn't have to work on year-end inventory, which is why I'm not insane!

14 posted on 02/21/2003 1:34:04 AM PST by lorrainer (Yeah, I used to be in the carpet business...You got a problem with that?))
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To: GalvestonBeachcomber
Home Depot are a bunch of holes in their carpet department.

I ordered carpet Dec. 8th. I paid the full price for a certain amount of carpet and I was only to be refunded the carpet cost of what I wouldn't need.

After the measure, instead of saying I was due back $600 plus dollars, they tried to get an additional $70 from me.
So they want $670 more than I contacted for after the fact.

I went inside and they showed me a whole new set of new paperwork that was full of higher costs to me and all wrong.

4 managers later I went to the headquarters who wrote me back that I was told the cost of the contract would change. True, but only in the area of me getting a refund.

They are supposed to give their clients the total estimated INSTALLED cost before you buy. I bought and they NEVER gave me the total INSTALLED price until way later.

What I figured out that they did, was in order to get me to sign the contract, they only included the cost of one yard of carpet installed, instead of 150. So I asked for the entire cost of the carpet installed given to me for 150 yards and I got what I did and they now want an extra $500.

No movement on this. Home Depot took me off the market and around Xmas there were tons of carpet companies giving free installation and pad. If they had added $600 to my original bill I would have told them no-deal.

Now they want me to just cancel. But I am harmed the value of installation elsewhere because the big sales are gone.

Home Depot are the worst in the carpet department and are total holes that try and take you to the cleaners.
No wonder when I go in the store that department is always empty.
15 posted on 02/21/2003 1:48:40 AM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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