We certainly cannot afford an attorney ourselves and he is an attorney with an attorney. Is there such thing as legal aid? This is a civil case can he take it criminal?
I feel like a minnow in a shark pool. Not illegal to "pad" costs of materials when we are the ones buying delivering and setting up is it? Any advice is appreciated.
2007-03-02 07:02:29 · 14 answers · asked by suziqfl 1 in Politics & Government ➔ Law & Ethics
Get an attorney. Who is his competition?Go on the internet and to Net Detectives and find out if he does this allot.
2007-03-02 07:06:14 · answer #1 · answered by Anonymous · 0⤊ 1⤋
It doesn't sound like there's any criminal aspect to this. It is not illegal to mark up the price when you re-sell an item. Every retail seller in the country does that. It may be illegal to charge for 10 hours of labor when you only put in 8.
I'm not sure how he could sue YOU anyway. He owes you money. Is he saying you didn't complete the job? He could contest the amount of your bill, but you don't sue someone to do that where I come from. (I work in a law office.) There is "such a thing as legal aid" in many places, but you would have to prove that you qualify financially. Many people misunderstand the "no fee unless we win" method of paying for attorneys. That only applies if YOU are suing for money. It does NOT apply when they are defending a suit for you against someone else's charges. Those cases are usually handled on an hourly fee basis.
2007-03-02 15:06:34 · answer #2 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
Did you have a contract? You should have a contract before doing any work. Did you pad the bill? I am not talking about normal charges for purchasing and delivering the materials. If he has an attorney and has filed suit against you, you must defend yourself or you will lose on default. Most large cities have legal aid, but I doubt they will work on your case. Yes, you are a minnow in a shark tank. Lawyers are the biggest group of unethical professionals in the world. If you did not have a written contract you had an oral contract. That is binding if it is not in conflict with any written agreements. Do you have witnesses that can verify your side of the story? It seems to me he is trying to beat you out of your labor and costs. You can file a mechanics lien on his home for your charges. Fight fire with fire.
2007-03-02 15:12:01 · answer #3 · answered by lestermount 7 · 1⤊ 0⤋
Yes go to Legal Aid as they will assist you, it sounds like this guy seen you coming and took advantage of the situation. But even Legal Aid has some Attorneys better than him. If you get an attorney before he moves forward, then it will remain civil. It can not become criminal unless he can prove that your intent was to defraud him. However from what you have said I would not put anything pass this guy. Get your paperwork and billing statement in order - see Legal Aid. Do not advise him of your intentions until he is addressed by your attorney.
2007-03-02 15:11:41 · answer #4 · answered by VLEEKS47 3 · 0⤊ 0⤋
This is NOT legal advice. However, let me offer some suggestions:
Contact a local bar association. Just search online for your county and "bar association" or your state and "bar association". They should be able to direct you to someone who can give you legal advice and maybe to a legal aid type program if there is one in your area.
It does not sound like he is making this a criminal complaint, so I would not worry about that.
Also, did he sue you in Small Claims Court or in regular Court? Small claims court is a lot more accessible and friendly to people without counsel. They have clerks, usually, who will walk you through things or pamphlets to help.
Are you a licensed contractor? Do you have a contract? Did you keep receipts for the materials? Are you receiving cost for materials + cost for labor or some markup? There are a lot of questions to be answered. Definitely contact you local bar association first, though. They should have more answers for you.
2007-03-02 15:17:48 · answer #5 · answered by Jordan X 2 · 0⤊ 0⤋
You need receipts for all materials you bought, what you paid any workers, the original contract between you, work orders, receipts of any moneys he paid you, emails, messages, anything. Basically, if you didn't really "pad" your fees, he will have to prove that you did... yoiur documentation is the single most important thing to defend you. If you are being sued for less than $5000 they will have to take you to small claims court. You won't need a lawyer. If more, you still may not need a lawyer. You just need to present your physical record evidence to the judge. Just show him your accounting and if you didn't pad him, the judge can tell. PS. Lawyers are notoriously cheap. He may just be threatening you to get you to come off your price. Just stand firm and MAKE him sue you if he's serious. Getting sued isn't the end of the world.
2007-03-02 15:11:32 · answer #6 · answered by Leigh K 3 · 0⤊ 0⤋
Typical attorney. Did you get the job in writing? Did you quote him a labor price and a materials price in writing? I would contact legal aid in your community and I wish you the best.
2007-03-02 15:07:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Get your documentation together that show's what you paid and charged and get an attorney who asks for nothing unless he wins. There are some of those out there. And if you have NO money tell the lawyer to sue away, what's he going to get. .
2007-03-02 15:06:37 · answer #8 · answered by doktordbel 5 · 0⤊ 0⤋
Its gonna be allright you dont even need a lawyer in civil case like this take all your recipts and stuff and just state your case. Ive been in same situation before and the one thing you always do is get everything in writing if you got that hes dead in the water and is going to have to pay. I got burned one time cause i didnt have it in writing on a roof job dude a millionare handed me an envelope with $600 in it and told me it was all i was getting cause we didnt have anything in writing. So i went back with a pick and knocked holes in the roof and when he went to sue me i told him i dont even know you got anything in writing say i put on that roof.......good luck
2007-03-02 15:17:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Get an attorney to take it pro bono, show the court all your cost and reciepts, if you are within a reasonable figure you won't have a problem, have the attorney get his cost from the plaintiff if you win!
2007-03-02 15:05:46 · answer #10 · answered by Anonymous · 0⤊ 1⤋