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julbox3134
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What is the name of your state? GA
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Received Answer to my Civil Claim, Now What?
By: julbox - [email protected]
Date: 8/27/2003 5:29:19 PM
I hired a handyman to do some odd jobs around my home. I paid him money upfront which I have since learned is a big no-no. The work that he did do was poor and I have incurred many expenses as a result of that to correct what he did. A criminal charge was pursued because he cashed our check, purchased our vinyl flooring but never returned with it. We were able to receive documentation from the store that he did actually pick it up and then returned it for cash. He was arrested for theft by conversion for that. The rest our claim is civil and he was served papers for that. I received a letter from his lawyer today which was his answer to my claim. It states that because my name wasn't on the original contract (only my husband's was) I had no
right to sue. The letter says their first defense is: The Statement of Claim filed by Plaintiffs fails to state a claim upon which Relief can be granted. Second: Plaintiff, my name, lacks standing to bring the instant action, as the Only written contract exists between (my husband's name) and (handyman's name). Third: Plaintiff is barred from bringing the instant action based upon the doctrine of Estoppel. Their two answers are: 1. The allegations contained in the Statement of Claim filed by Plaintiffs are Hereby denied and 2: Defendant seeks an award of fees and expenses incurred in the Defense of the Instant Action. Does this hold any merit? What should I do now?
Small Claims Court
Membership | Rules | Help | List
previous thread
next thread
Received Answer to my Civil Claim, Now What?
By: julbox - [email protected]
Date: 8/27/2003 5:29:19 PM
I hired a handyman to do some odd jobs around my home. I paid him money upfront which I have since learned is a big no-no. The work that he did do was poor and I have incurred many expenses as a result of that to correct what he did. A criminal charge was pursued because he cashed our check, purchased our vinyl flooring but never returned with it. We were able to receive documentation from the store that he did actually pick it up and then returned it for cash. He was arrested for theft by conversion for that. The rest our claim is civil and he was served papers for that. I received a letter from his lawyer today which was his answer to my claim. It states that because my name wasn't on the original contract (only my husband's was) I had no
right to sue. The letter says their first defense is: The Statement of Claim filed by Plaintiffs fails to state a claim upon which Relief can be granted. Second: Plaintiff, my name, lacks standing to bring the instant action, as the Only written contract exists between (my husband's name) and (handyman's name). Third: Plaintiff is barred from bringing the instant action based upon the doctrine of Estoppel. Their two answers are: 1. The allegations contained in the Statement of Claim filed by Plaintiffs are Hereby denied and 2: Defendant seeks an award of fees and expenses incurred in the Defense of the Instant Action. Does this hold any merit? What should I do now?