David Takes Down Goliath: Powerful Lawyer Gets Stoned By Small Business

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(Free-Press-Release.com) March 23, 2010 -- When a powerful, smart lawyer decides he is going to put your small business out of business, what do you do? Run and hide? Beg for mercy? Soil your britches? For one Atlanta heating and air conditioning company the answer was simple: You pick up one stone, take careful aim and SMACK! Watch him fall.

The story is breathtakingly simple. One bright, sunny day, Simon Weinstein, a lawyer for the powerful Georgia Court of Appeals called Mechanic’s Heating and Air Conditioning, LLC. for air conditioning help on one of his properties and Mechanic's dutifully responded. They quickly diagnosed the problem and recommended repairs. Simon Weinstein agreed to the work and the price. The Mechanic's technician had Mr. Weinstein sign or initial the contract nine times and pay a deposit. Mechanic's then went off to get the equipment and prepared to come back and install it. Nothing remarkable here so far. This is exactly what Mechanic’s Heating and Air Conditioning, LLC. does dozens of times each day with no complaints. Unfortunately, Mr. Weinstein decided that the negotiations were not completed and deal was not done. He decided to cancel the agreement even though it clearly stated it was nonrefundable and noncancelable. This sounds like trouble brewing.
Next thing you know, he demanded a full refund and Mechanic's refused. Mr. Weinstein told Mechanic's that he had taken down other businesses who failed to give in to his demands. He threatened a suit and Mechanic's lawyered up with what small-time lawyer they could afford. Mr. Weinstein played another card: he went to the tabloid journalism that pervades our airwaves. Cameras and reporters buzzed everywhere. Mr. Weinstein then assembled his dream team and prepared to annihilate Mechanic’s Heating and Air Conditioning, LLC. from the face of the earth.

The day of court was a zoo. Cameras, witnesses, questions, reporters. And that was before they could get in the door for the hearing. Then Mr. Weinstein and his dream team emptied out the kitchen sink of legal moves. He hammered on Mechanic's and their puny legal defense. The beating just kept coming. Mechanic's had one stone to throw: the contract Simon Weinstein signed or initialed nine times. They admitted that into evidence and rested.
Days later the judge ruled in favor of................ Mechanic’s Heating and Air Conditioning, LLC. ! Yep, that's right. The judge ruled that Simon Weinstein would have the eat the five digit legal expenses he incurred and the real kicker, the stone in the middle of the head, a money judgment to Mechanic’s Heating and Air Conditioning, LLC. Ouch!

As Mechanic's thought about celebrating, they instead prepared for garnishing Simon Weinstein's wages and bank accounts, filing liens on his properties and other such nasty collection methods. Then BINGO! Before they could launch more stones, the check came in from Simon Weinstein for the full amount. Wow! Then the celebrating began. In fact,