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I am the Plaintiff in a lawsuit. I am claiming that I overpaid for hotel accomadations- which I did in fact overpay. I was promised verbally a rate of $39.00 per day if I stayed longer than 6 months, I stayed over 300 days- when I reviewed the accounting, I learned that I was charged $59,$79,$89, $179 Per Day. I asked for an accounting showing my payments and debits but was "pushed" out by lawyers for the hotel, via threatening letters, an eviction lawsuit, and some other legal maneuvers. I agreed to vacate based on a stipulation agreement that specifically states that each party (ME & THE HOTEL) may bring suit for money at any later time. My records show an overpayment/credit to me of $38,000.00 +/-. I filed a lawsuit against the hotel and now, a new team of lawyers is trying to get my case dismissed, I have about a month to file a new complaint. The opposing lawyer states that I need to... Make a Motion for more definite statement, Motion to comple separate statements of claim....

2006-07-03 12:39:41 · 7 answers · asked by ••Mott•• 6 in Politics & Government Law & Ethics

7 answers

The trouble is the verbal and often cause misunderstand of which days ( all of them certain days, not special days and so on) Any long term agreement needs to be in writing,

Next you stayed 300 days, how often were you billed and how often did you pay, did you not review at least every 30 days and see the error in billing much sooner ( one of the issues I am sure the hotel would be using) If you indeed were billed for months and paid the bills for month with no complaint, they will ask why you did not say something sooner or move out sooner.

Next who promised the special rate, where they authorised to do so ?? Will they testify that they told you this ??

Next it does not matter what the other side says you have to do, you may or you may not, it only matters what the judge says you have to do. If you follow the instructions of the other side, you will lose any case. In many law suits the answer to thier request for this or that is NO< NO< NO and you move on with your case unless the judge rules on it as not correct.

2006-07-03 12:58:39 · answer #1 · answered by Anonymous · 2 0

Your question is an example of why people should hire attorneys. I find it rather hard to believe to believe that it took you 10 months to figure out that you were being over charged for your hotel room.

It sounds like the hotel's lawyers file a motion objecting to the contents of your lawsuit and prevailed. It also sounds like the court gave you 30 days to correct the errors. Failure to correct the errors could result in the dismissal of your case.

You didn't specify where are you from and it is impossible to give you any specific and meaningful advice about your case other than to suggest hire a local attorney. It sounds like your case is in serious trouble and you need some assistance now.

2006-07-08 03:12:43 · answer #2 · answered by Carl 7 · 0 0

An excellent resource that outlines what's involved in court---from A to Z try www.nolo.com.

Several books can be found within this self-help law center that may remove the frustration and confusion that your feeling.

For $60 dollars, the following books can be ordered within the web site mentioned above and UPS ;
1. Represent Yourself in Court
2. The Lawsuit Survial Guide

Also www.strattonpress is excellent for a step by step procedure for civil and family law

2006-07-03 15:33:50 · answer #3 · answered by harry_pegg 1 · 0 0

You were promised verbally, do you have some sort of statement to prove that it was written down? You should check your registration card from the hotel (the paper in which you signed when you checked in). This paper shows you the rate that you stayed for. If it is supposed to be $39, It will state the rate, if not before making you sign they have to tell you about it. Double check that! and what other evidences will you be bringing to court?

2006-07-03 12:48:21 · answer #4 · answered by Anonymous · 0 0

Sounds like a 3rd party paid the bill and you trying to get the refund. Even if granted the money will be returned in most cases to the payee, who paid what he believed and the hotel believed was the correct amount and you did not question.

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