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TEXAS
Hi, I guess I'm needing a lawyers advice.
I sued a company who my mom and I paid to fix our mobile home. They didn't do the work they were paid for and we've incurred damages due to the "work" they did do and their negligence. When I filed the lawsuit against them in Dec I only asked for what we paid them, mainly because I wasn't sure what a good amount for damages would be since at the time we were unable to fix anything. When my mom's taxes came in in Jan we were able to fix our home (which cost $600 with a different contractor) plus $575 for skirting, and about $100 in other items we needed to buy. Not to mention the electric bill ran $300-400 a month over the winter due to poor insulation (cats tore it up since the first contractors men took the skirting off and didn't finish the work)(our electric normally is well under $200 in the most extreme temps). When I went to court it was in default since the guy I sued didn't anwser or show up, he does have a lawyer in another suit against him but I believe he changes addresses alot. I have 2 different ones, and gave the courts the most recent, the one he sent to the BBB. After presenting my case (which I was nervous and left out damages and other important stuff) the judge awarding me the 2750, court cost and interest. He also gave P(leaving out name) 10 days to reply and 30days to pay. The 10days are up today (we had court on the 5th) and they haven't responded. So I'm assuming we're gonna have to go back to court.
My questions to you are: If we go back to court can I ask for damages (property)? If I do, how likely will I win damages (I have pics, and lots of evidence)? Do I need a lawyer? If I get one, can I make him pay lawyer fees since I don't have that much money? I was told by D(another person who is sueing him) that his lawyer has found alot of hard evidence against P, so the case most likely will be brought to the higher courts. Not to sound ignorant but does P really have to pay me, and what happens if he doesn't? The judge mentioned abstract of judgement, but I don't know what that means other then it sounds bad for P.
I kinda feel I need a lawyers input in this to make sure things are handle right. Thanks!
 


Zigner

Senior Member, Non-Attorney
You don't have to go back to court...
You can now (attempt to) collect on the money you were awarded in the judgment. You can't go back for more at this point. However, if the other party comes back later and attempts to have the judgment overturned (and is successful), then you will likely end up with a totally new hearing/trial. At that point, you WILL be able to ask for your actual damages.
 

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