counter suit?

Houston Texas.
A disgruntled customer has confused my co. with another. The BBB misinformed this customer that the two companies were the same. I spoke with said customer & it was clear we never worked for them. I contacted the BBB & they have corrected the incorrect info as well. Still a constable came to my house & served papers. I filled them out Stating the same. 2 months later I received a notice of trial set for 9/11/06.

Is there anything I can do at this point to avoid going to court?

Can I sue these people for my preparation time, & my time in court?

earlofcrankcase said:

Houston Texas.
A disgruntled customer has confused my co. with another. The BBB misinformed this customer that the two companies were the same. I spoke with said customer & it was clear we never worked for them. I contacted the BBB & they have corrected the incorrect info as well. Still a constable came to my house & served papers. I filled them out Stating the same. 2 months later I received a notice of trial set for 9/11/06.

Is there anything I can do at this point to avoid going to court?

Can I sue these people for my preparation time, & my time in court?

Click to expand...

Write a letter informing them of their mistake (wrong company) and demand that they immediately remove you from their complaint from the court docket, or be prepare for a counter suit seeking your legal cost in damages (have no idea if this is actually recoverable in Texas).
If possible, go to your secretary of states website and do a "business search"; http://www.sos.state.tx.us/corp/sosda/index.shtml Printout the page with similar names, showing them they've got the wrong company.
Go back to the BBB and get all the information they have for this other company. Owner, address, phone number, etc.
Send the letter and all proof of the other company, certified, to the complainant and their legal council, if any.

You're set for trial??? What type of court is this in? I take it not small claims?

BTW - anyone can sue anyone for anything. This is America. They can sue you, but would have to prove they are sueing the correct company for them to prevail.

I was on that side of town for an estimate. I spoke with the guy again. He would not meet with me & would not drop his case. So I stoped at the court house & counter sued him. cost $15.00. I had to send him notice in a registered letter. I also sent a letter with it saying if he wrote me a check for my cost & time to date. $70.00. & droped his suit. I would drop mine. Other wise I sought to collect $50.00 per hour for my time.
It is small claims.

Received an order to dismss form the court for this case. Did not recieve a check from the home owner for my time. I was told my counter suit would remain on the docket reguardless of them dropping their case. Is this true?

earlofcrankcase said:

Received an order to dismss form the court for this case. Did not recieve a check from the home owner for my time. I was told my counter suit would remain on the docket reguardless of them dropping their case. Is this true?

Click to expand...

Yep. And you better be prepared to prove that your time is worth $50. Which it probably isn't. I say that because you will only be awarded damages and unless you have lost $50 and CAN PROVE IT then you won't get squat. Especially since he dropped the case.

Thanks I think? I would rather be making money come monday than loosing the day on this. The time & cost to date is a fair trade to be able to scratch this problem off the list. Having monday open for the work load is a good enough.