aliachase2007
Member
TEXAS
Okay, I sued P from JROH because I had paid him to fix my home and he took the money and didn't do the work. Because of the things his employers did do (took the skirting off the trailer in June, I was without it till Feb. Weather/cats tore up the insulation under my home, cats used it as a litter box, fleas got in the vents, high electric bill, ect.) I've incurred damages. I finally had it in Dec when it was clear he wasnt going to return the money or communicate with me anymore so I filed a lawsuit against him. The court date was March 5th, so he had plenty of time to answer. He didn't nor did he show up to court. I won through default the amount I paid him ( I forgot to include damages) He had 10 days to respond. On March 18th I got a letter in the mail from his lawyer saying he wasn't notified and he misplaced the papers, which was why he didn't show up. They are asking for 1) a new trial and 2)FIAT (not sure what that is unless its a new court date).
I'm super nervous because they tried to force another person into claiming fault when he chose to sue P, when it is clearly P's fault.
Since we are going back to court, can I ask for damages? What should I expect? I have pics, estimates and everything to prove he did this and is at fault. Plus he's done this to other people. He lied on his website (guareenteed his work and said he had a satisfactory record with the BBB, when infact he has a HORRIBLE record, the lawyer to the other person suing him said it may go to the higher courts cause fraud). He changes websites, phone numbers, addresses and I'm sure company names. I know I have a good case against him and I want to stop him for good, AND get my money back plus damages. BUT I have not idea what to do. Since he has a lawyer who knows the laws and knows how to intimidate people I'm afraid I'll make a mistake and he will win. I'd like to hire a lawyer but can't afford one, can I request him to pay lawyer fees?
Thanks!!!
Okay, I sued P from JROH because I had paid him to fix my home and he took the money and didn't do the work. Because of the things his employers did do (took the skirting off the trailer in June, I was without it till Feb. Weather/cats tore up the insulation under my home, cats used it as a litter box, fleas got in the vents, high electric bill, ect.) I've incurred damages. I finally had it in Dec when it was clear he wasnt going to return the money or communicate with me anymore so I filed a lawsuit against him. The court date was March 5th, so he had plenty of time to answer. He didn't nor did he show up to court. I won through default the amount I paid him ( I forgot to include damages) He had 10 days to respond. On March 18th I got a letter in the mail from his lawyer saying he wasn't notified and he misplaced the papers, which was why he didn't show up. They are asking for 1) a new trial and 2)FIAT (not sure what that is unless its a new court date).
I'm super nervous because they tried to force another person into claiming fault when he chose to sue P, when it is clearly P's fault.
Since we are going back to court, can I ask for damages? What should I expect? I have pics, estimates and everything to prove he did this and is at fault. Plus he's done this to other people. He lied on his website (guareenteed his work and said he had a satisfactory record with the BBB, when infact he has a HORRIBLE record, the lawyer to the other person suing him said it may go to the higher courts cause fraud). He changes websites, phone numbers, addresses and I'm sure company names. I know I have a good case against him and I want to stop him for good, AND get my money back plus damages. BUT I have not idea what to do. Since he has a lawyer who knows the laws and knows how to intimidate people I'm afraid I'll make a mistake and he will win. I'd like to hire a lawyer but can't afford one, can I request him to pay lawyer fees?
Thanks!!!