What is the name of your state? TEXAS
I went to court the other day for the second time. The first time I won through default since the defendant didn't show up. About 11 days later his lawyer sends a letter asking for a New Trial. Thats what this one was, asking for a new trial, and he was granted one, other then that, nothing new I have 20days to amend it, to add names anything else.
I don't have a lawyer, I can't afford one, and I know I'm in the right in this case and have enough evidence to prove it. But I have a load of questions that keep popping up.
After court, his lawyer asked to speak with me. He asked "what can we do to settle this" Which I'm guessing is a good thing, but not %100 sure. So now I'm trying to decide what a fair amount is to ask for, since the max in small claims is 5 grand and I paid him (the company 2750). As much as I'd love to ask for 4500+ to cover damages and everything I don't think thats fair to do in a settlement. I know he doesn't play fair(the guy, not the lawyer), but not having a lawyer and knowing the laws and all I can't play the games. His lawyer asked me to write him a letter/settlement offer and I have no idea what to put in it. He said pretty much just what we want and also to include damages. If I do this, they can't use it against me later can they?
If we go to court I'd like to ask for the max in compensatory damages as well as punative damages(I know 2 other unsatisfied customers, one of which is taken him to court also, but has a lawyer) Is it right to ask for both? How much can one normally win?