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Whittenberg Enterprises Reviews (7)

I want to update you that this complaint has been resolved

[redacted] - I am attaching the final documentation I sent to [redacted] closing her eviction case except we need to file a dismissal since the tenants moved as agreed upon in their stipulation.I think part of the problem with [redacted] is that she just does not understand the eviction process.  Our process is the same with everyone and each landlord pays a retainer of between $1,000 and $1300, depending how many tenants there are.  We never know at the beginning what is going to transpire.In her case before we every even go into the process we prepared and served a 3day to pay or quit.  The reason [redacted] wanted to evict them is because she wanted her mother-in-law to move in and wanted it done as quickly as possible.  Unfortunately in California there is no "quick way" to evict someone.  We did make a mistake on the 3day notice and put in June instead of July for the rent due.  The result of this mistake as it turned out was beneficial to her in getting her tenants out quicker than if we had set it for trial. She paid the $100 fee for preparation and service of the 3day notice which was separate.  We never know what will happen after a 3 day notice is served.  Sometimes they pay and it is all over with.  In her case we had to proceed and that was when she signed and paid the retainer of $1,185.00.  We didn't use  all of her retainer and sent her what she had coming once she regained the premises.I don't know what more we could have done for her and she was not treated any different than anyone else.  She was in agreement everything we did.If you have any questions regarding her case please call or email me.  Thanks[redacted]

I am rejecting this response because: WE HAVE BEEN READY FOR MONTHS TO FINISH OUR DIVORCE.  I PERSONALLY LEFT SEVERAL MESSAGES ON [redacted]'S ANSWERING MACHINE WHICH I NEVER RECEIVED A RETURN CALL. OVER THE LAST 8 MONTHS [redacted] LEFT MESSAGES AND EMAILS THAT WERE NEVER RETURNED. I WAS READY TO SUE ALTERNATIVE LEGAL SERVICES IN SMALL CLAIMS COURT FOR NON PERFORMANCE OF CONTRACT. I WAS CLEANING OUT MY OLD EMAILS AND RAN ACROSS THE ORIGINAL DIVORCE PAPERS THAT WERE SENT TO ME AND FOUND THE SECRETARIES PHONE NUMBER THAT FINALLY GOT BACK TO US VIA EMAIL. SHE HAS EVERY EXCUSE IN THE WORLD TO TRY AND COVER [redacted]'S POOR HANDLING OF OUR CASE. THE COMPLAINT IS ABOUT [redacted]/OWNER THAT FAILED US EVERY WAY POSSIBLE. NOW WE ARE INTO THOUSANDS OF DOLLARS WITH A NEW ATTORNEY BECAUSE HE HAS TO START FROM SCRATCH. HE CAN'T US ANYTHING THAT [redacted] ATTEMPTED TO WRITE UP FOR US. AFTER THE DIVORCE IS SETTLED HERE IN THE NEXT MONTH I STILL PLAN ON SMALL CLAIMS COURT. [redacted] COMPLETELY DROPPED THE BALL.

Yes, Ms. [redacted] hired our firm to type and file her divorce paperwork. Her credit card was charged on April 9, 2015. This complaint is the first our office has heard of the overpayment, in over 2 months. We would have rectified that at any moment, had Ms. [redacted] brought it to our attention. Ms....

[redacted] wanted her paperwork done in an incredibly fast manner, which we attempted to comply with. There were elays due to working with her ex-husband, and other administrative issues. Ms. [redacted] is not, nor was she at the time, our only client. The reason they were not "submitted" to the court until June 6th is that there was an outdated form submitted, and we had to get the proper form to the court, a form that they could not process the documents without. As to the postdated check, the check for her filing fee was written as soon as the papers were finally signed and back to our office for processing, and inadvertently, a "6" was written instead of a "5", for May 15, 2015 (when the check was written); a simple mistake. As soon as our office was made aware of the error by the Douglas County, NV court in Minden, NV, another check was dispatched, on 6-9-15 to correct this error. Ms. [redacted] was told that we would try our best to get her paperwork filed as quickly as we could, but there were never any express or implied warranties. We told her that we'd try our best. It is now 4pm on June 11, 2015. We will check with the court tomorrow. We have received no word from the court that Ms. [redacted]'s paperwork willl nor be nor has been rejected. We will follow up, and inform all parties as soon as there is further progress.

I am rejecting this response because: I will address each paragraph one at a time. #1) NOT ONCE were either of us shown a disomaster from [redacted]'s office. 10 times? Are you kidding me?. You are contradicting yourself. If we could not come on any agreement for custody etc, how could you possibly come up with a number? How is this possible? Please explain. #2) It is difficult to NOT get a hold of me. I have a business that at the time was being staffed 6 days a week. M-F 9:00 - 6:00, And Sat 10:00 - 2:00. I also have a cell phone that is mostly for business that I have on me most of the time. Simply NOT TRUE! #3) After the one meeting we had with [redacted] she seemed to be lost. She was rushing us, she had somewhere else to be so we got nowhere. Both [redacted] and I left several messages on [redacted]'s answering machine but neither of us received a return call. Again, simply not true. #4) Any questions regarding the MSA that was scribbled up by [redacted]'s office, talk to [redacted]'s office. #5)If we need to get [redacted]'s office involved to prove incompetence then there will also be attorney fees involved for [redacted]'s office to pay. The only way I was able to get a hold of [redacted]'s office was when I was cleaning out some OLD emails from my computer and I happened to run by an email from 8/18/2015. NEVER DID ANYONE ANSWER THE PHONE WHEN WE CALLED. By time I finally did get a hold of the office, we were forced to go to [redacted] because of the ZERO response from [redacted]'s office to the messages we left. I realize [redacted]'s office did do a little work even though I had to pay to have it ALL redone. [redacted] and I would be satisfied if we received back 50% of the fees [redacted] charged us and we would not pursue small claims court to get the full refund plus what ever attorney fees we may incur.

Please see attached correspondence that was provided today to our merchant account in response to Ms. [redacted] keeping the refund of $445 for funds that were saved for her by us accomplishing an earlier resolution of her eviction issues, but she also reversed all money paid to us so at this point she has received full service for no pay and she has unjustly enriched herself to the tune of an additional $445 (the retainer amount was $1187).For a landlord to ask for our help in the context of an eviction to let us do all of the work, then thank us for all of our help, and THEN say she could have handled it herself -- it begs the question, why did she ask for our help to begin with?She tries to blame mistakes being made on us including a claim that Ms. [redacted] is a disbarred attorney -- when that has no relevance to this case.  Ms. [redacted] works for [redacted] who is a licensed and bonded document preparer.  Ms. [redacted] at no time acted except as one delivering messages for [redacted] or communicating to the the tenants at Ms. [redacted]'s request.  Ms. [redacted]'s status as a former attorney has no relevance to anything that took place in this case that resolved with a better result than either Ms. [redacted] or our business initially expected.You can see by the attached correspondence that work was performed that was never paid for because of Ms. [redacted] reversing her payment.  Pursuant to her signatue on multiple documents authorizing us to charge her credit card (including that she initialed the authorization form stating that the credit card could be used if necessary in an ongoing manner), she authorized payment to us for work that was completed IN FULL.There were some typographical errors that Ms. [redacted] seems to take issue with but none of those errors had any impact on her case and can only be categorized as harmless error.I suggest that for each of Ms. [redacted]'s blistering complaints, we stop and ask very calmly, "how did this impact the eviction case?"  The only truthful answer is that nothing that was done caused any losses in time or money for Ms. [redacted] and her complaints lack foundation.Ms. [redacted] has no basis to complain about services that were provided diligently and successfully at her request.  He reversal of credit card charges that she authorized and we earned really creates a question concerning her conduct that may be considered fraud.Please let us know if you need anything further.

The process on [redacted]'s eviction has not been completed.  Her tenants signed a Stipulation and Order and are supposed to drop off the key today - If not on Monday we can enter a judgment and have the Sheriff evict them.Our policy is to collect a retainer to be able to pay all the...

costs required in an eviction.  Once the tenant is evicted the we prepare an invoice to let them know the money spent.  If there is any left over from the retainer we send her a refund - if it is more - then they owe more money.  It is impossible in an eviction to know what will transpire until it happens.  As I said in her case we are not finished.If her tenant do not leave today, then we have to pay the sheriff 145.00 to evict.  I will send you the final accounting as soon as we are finished with her case.Thanks - [redacted]

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