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Can I sue?

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TEXAS
Okay, I've got a odd question. I found a company to do repair work on my moms and my home. My aunt sent down money for us to borrow to pay for the work. We paid them, they didn't do the work. My mom has health problems, and I took over alot of stressful things for her, this being one of them. I filed a lawsuit in Jan. I'm being told now from a lawyer that I can get in alot of trouble because its like I'm impersonating a lawyer, since I'm not the one who has a contract with them. Is that true? All I want is the money back we paid these guys plus damages. My mom isn't able to handle the stress, and since its our home, our money, and pretty much our decisions I don't understand why I can't sue them. She really doesnt have a contract either, since they didn't give us one, even though we asked for one. BTW, we are in the process of trying to get a lawyer for her, but I want to know if necessary.
Thanks!
 


BL

Senior Member
Don't you have anything that proves you gave the money to the Co. ?

Receipt ? Who's name ?

What court did you file in ? Small claims ?
 
Don't you have anything that proves you gave the money to the Co. ?

Receipt ? Who's name ?

What court did you file in ? Small claims ?
We paid in money orders (not sure whos name is on them) and cash (got a reciept, but doesnt have our name on it) The proposals have moms name on it, but thats mainly because it was easier since Im on disability (was in a bad car accident, had brain surgury and almost died) and we didn't want them thinking I had $ coming in and asking questions. Even though the money was from my aunt and she is only letting us borrow it, we were worried they'd think I had extra income coming in and stop my disability.
I filed in small claims in Wylie (where we live, they are in Tarrent county).
 

BL

Senior Member
We paid in money orders (not sure whos name is on them) and cash (got a reciept, but doesnt have our name on it) The proposals have moms name on it, but thats mainly because it was easier since Im on disability (was in a bad car accident, had brain surgury and almost died) and we didn't want them thinking I had $ coming in and asking questions. Even though the money was from my aunt and she is only letting us borrow it, we were worried they'd think I had extra income coming in and stop my disability.
I filed in small claims in Wylie (where we live, they are in Tarrent county).
If the proposal is in your mother's name , it could be dismissed as you are not a party to the action . You may want to ammed it to include both your names .

Some places let an " agent " for the party represent them in court .

It doesn't necessarily mean that you are acting as an attorney .

It all depends on the court rules .

Find out who's name is on the m/os if you have time before court . ( a tracer on them maybe ) .
 
If the proposal is in your mother's name , it could be dismissed as you are not a party to the action . You may want to ammed it to include both your names .

Some places let an " agent " for the party represent them in court .

It doesn't necessarily mean that you are acting as an attorney .

It all depends on the court rules .

Find out who's name is on the m/os if you have time before court . ( a tracer on them maybe ) .
Thanks, I don't think wehave time to get a copyof the m/o before court, but if we have to go back I will definetly do that.
 

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