Miami, FL
After Hurricane Wilma we had a couple "emergency" repair companies come to start work on our home in Miami, FL, who we quickly dismissed for being incompetent or outright scary:
Company X supposedly does mold remediation. He came to our house stapled up a bunch of plastic to our walls and began running de-humidifiers. After a couple days we asked to remove his equipment. When he finally came back three or four days later saying that was the earliest he could come, he fell into a rage and was removed from our house by the police. At the time he tried to collect payment in the amount of $2700. He is now suing us for $5800 in civil court. What we didn't know at the time is that he has a long history of felony arrests and time spent in prison for aggravated assault and battery and fraud. We initially signed a "Start Work" agreement, but that was it, and this is the document he is using to sue us for "Breach of Contract." I have been trying to get the suit dismissed on the grounds that this person has a history of fraud and became violent in our home and this is part of his motis operandi to no avail. He also harassed our family after he was removed by the police, in fact calling Child Services saying that we were "abusing" our new born child by supposedly exposing him to mold. Of course, we currently do not have mold in our house, and we in fact never hired anyone else to complete this supposed "mold issue" which was something that was initially suggested we look into which is why we first considered hiring this guy/company in the first place. I haven't hired an attorney and am representing myself pro-se. Any suggestions on how to bring either previous convictions of fraud and aggravated battery into evidence, and/or get the case dismissed as bogus?
After Hurricane Wilma we had a couple "emergency" repair companies come to start work on our home in Miami, FL, who we quickly dismissed for being incompetent or outright scary:
Company X supposedly does mold remediation. He came to our house stapled up a bunch of plastic to our walls and began running de-humidifiers. After a couple days we asked to remove his equipment. When he finally came back three or four days later saying that was the earliest he could come, he fell into a rage and was removed from our house by the police. At the time he tried to collect payment in the amount of $2700. He is now suing us for $5800 in civil court. What we didn't know at the time is that he has a long history of felony arrests and time spent in prison for aggravated assault and battery and fraud. We initially signed a "Start Work" agreement, but that was it, and this is the document he is using to sue us for "Breach of Contract." I have been trying to get the suit dismissed on the grounds that this person has a history of fraud and became violent in our home and this is part of his motis operandi to no avail. He also harassed our family after he was removed by the police, in fact calling Child Services saying that we were "abusing" our new born child by supposedly exposing him to mold. Of course, we currently do not have mold in our house, and we in fact never hired anyone else to complete this supposed "mold issue" which was something that was initially suggested we look into which is why we first considered hiring this guy/company in the first place. I haven't hired an attorney and am representing myself pro-se. Any suggestions on how to bring either previous convictions of fraud and aggravated battery into evidence, and/or get the case dismissed as bogus?
