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counter-suit question

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69fastback

Junior Member
What is the name of your state? TN My mother is 72 and has mobility problems. She was 15 minutes late (9:15am) for court and missed her case so the contractor won.. She could hardly walk that day.
The Contractor did the Insurance repairs on her house and did not do all things in the contract , He was paid $700.00 up front and the rest was due on completion. When he asked for the balance he was told no problem just do all that is in the list we agreed on and you will be paid gladly. He left all rotten support boards in roof, just patched over them.
Instead my Mom has been in and out of Hospital she just waited on him to do the work but he filed against her in civil court.
Can she still Counter-sue? Should she Appeal? In what order do you do this? Is there a time limit?
We do have copies of paperwork and pictures of work not completed. This was paid for by Insurance Company and he( Contractor) was referred by Insurance Ajuster.

Thank for taking valuable time to answer this, Thank You very much.
 
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dcatz

Senior Member
Procedurally, you first petition to have the judgment vacated (set aside) and the case re-heard with both parties present. The grounds would be your mother's immobility, which caused her to be late but present. Frankly, they are not the best grounds, but courts favor a hesring on the merits, rather than a default, and may have some sympathy. She will have to appear for the hearing on the motion to vacate. If you're aware of her problems, you take responsibility for seeing that she's present this time.

If that's not successful, she appeals. The time within which she can do either or both should be stated in her paperwork. All of your state's SC rules are not likely to me posted online, even if the statute is. If necessary, ask the court. You don't say whether this happened last week or a year ago.
 

69fastback

Junior Member
I have untill Monday and need to know

I was told by Sessions civil court that a court date would be set "to be heard and judge decide to let case be heard again "due to Moms mobility problems. We also have only untill Mondaythe 28th of Jan to file an appeal. They told me(sessions Civil Court) that I could not do both and judge may decide no,.on judgement to vacate and it would be to late to appeal.
I need to know if there is oppurtunity to appeal after judgment is made if needed. Not knowing how long until heard by judge on vacate judgement the time limit on appeal could pass first.
Any input would be most appreciated and Dcatz Your answer to previous question is again so appreciated THANK YOU
PS These answers I recieved by phone from Sessions Civil Court Clerk .
 

dcatz

Senior Member
Alright, if you have until Monday to file an appeal and you don’t even have a date for a hearing on a motion to vacate and your right of appeal will be foreclosed if you wait, then it appears that your only option is to appeal.

I suspect there is a very high probability that the judge would vacate, but that’s not a guarantee. An appeal will result in a new trial. If an appeal is the only certain way to get the case re-heard, you appeal.

(We still don’t know the time limits, but one is led to think that this may have been under discussion for some time, if your right of appeal is about to expire and there has yet to be an effort to vacate. You’ve learned that time and time limits are important to the court. Be very aware of that as you move forward.)
 

69fastback

Junior Member
To Dcatz

:D Thank you So Much, tommorrow I will Appeal. My sister informed me we have untill Friday so I feel it the only alternative. You have helped me tremendously , My sister had been handling this and had procrastinated a few times so Ive had to take over. This has been hard for my Mother, she just cannot do these things . I was just informed and asked by my Mother to take over this late last night. You saved me hours on the phone and Net.
We now have our Ducks in a row, as they say, and you can bet i will be right on top of it!
Again Many Thanks.
They informed me that I cannot represent my Mother even with a power of attorney. So she will have to go with me to Appeal. My heart goes out to her.
She would also like to thank you as well. Sincerely, JD and NH
 

69fastback

Junior Member
Filed the Appeal. Should I.....

Should I also file a countersuit? The work was not completed. I dont want this to cost my Mom anything in the long run if I can help it.
I have not recieved a court date yet. The sessions Court Clerk said they would call and give us a date.
I have been gathering information, pictures, and copies of all Documents thus far.
I tried Legal Aide but I'm being shuffled around for reasons I understand believe it or not. Mom lives in one county and the court case is in another county for her secound house in which my disabled sister lives.
I know we will be heard if we get the appeal but in order to get justice on the financial end of it do we also counter-sue.
Thank you, JD
 

seniorjudge

Senior Member
Q: Should I also file a countersuit?

A: Yes.



Q: I have not recieved a court date yet. The sessions Court Clerk said they would call and give us a date.

A: Do NOT rely on that; YOU make sure (by going to the courthouse and checking the file) you show up when you are supposed to.
 

69fastback

Junior Member
RE: Countersuit

Thank you for the answer. When you have not ever been in court for anything and you are thrown in, well, its like being in a different country, different language and different flow .ITS SCARY!!!!! ;)
The answers are very much appreciated. Thank you for your time. JD:)
 
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69fastback

Junior Member
Thanks

Thank you for the answer. When you have not ever been in court for anything and you are thrown in, well, its like being in a different country, different language and different flow .ITS SCARY!!!!! ;)
The answers are very much appreciated. Thank you for your time. JD:)






Results!: Why,man, I've had lots of results.I know a thousand things that dont work.
Thomas Edison
 

dcatz

Senior Member
I agree with SJ, but this will be an unusal situation, when the court is asked to hear a new action (the countersuit) at the same time that it hears an appeal, even if the appeal is treated as a trial de novo (new trial). If you run into any reluctance to treat them both together, you might want to claim an off-set (credit) in the claim against you Mom. It appears that your worst-case objective is to come out at zero either way.
 

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