Adding people to small claims case

[auntphibian]

My first thoughts are "why would you think a contractor would have money for you to get in a lawsuit?" as in the old can't get blood out of a turnip saying. Most contractors are not just rolling in wealth and if sued would promptly declare themselves indigent. It's what I have usually seen happen when someone sues a contractor in my area wihich is in TN. You see all kinds of people seeking relief and justice from contractor poor performance on our local news channels.

And of course, no lawyer will take a case without you throwing them a bunch of money if they do not see any chance at all of you having any financial recourse in this situation.

My other thought is that if you couldn't have an MRI until you had had physical therapy, that was because you are on Medicare and wanted them to pay for the MRI (of course.) They are the big insist on you having physical therapy first folks. Which probably means you're old enough to be Medicare eligible. It's not like you might not have had a trip and fall outside your home fixing fence even if there had been no contractor and no work done. I am assuming you mean that you had exacerbated (as in made worse) your current issues, so this assumes that you had some issues before you tripped and fell?

Why would they think a senior on disability has 6,000. I told them they were too expensive and I could not do it. Also, my medical records show I did not have an injury to my hip prior to that day and it was documented in all my records after it happened. The fact is I didn't injure myself fixing these things. I had to due to their negligence. They left with my fence mashed under the tree and didn't even try to put the fence up which would allow my goat and pony to escape.
Why is it I came here for a little help, but you all make me feel I'm being tried in here? Maybe instead of judging me when you don't have the whole story and you misinterpret what I said, you should just try to be helpful! I don't need more stress. I need help!

 

[auntphibian]

Tennessee legal aid services:

https://www.tba.org/index.cfm?pg=legal-aidlegal-services-in-tennessee

I called them 2 years ago. They don't do these cases and the line we can get free advice are family law and couldn't help either.

 

[auntphibian]

Your longer story confuses me, auntphibian. Could you please tell me if I understand correctly?

You had contractors out to your house to give you an estimate on repairing storm damage, which included removing a tree from your roof. You signed an “estimate form” with a price quoted of $6000.

In the process of removing the tree, the contractors damaged your fence, exposing a cable that you didn’t see and you tripped over it, leading to an injury you discovered only after the statute of limitations expired for filing a personal injury claim.

A court awarded the contractor $6000 for the tree removal after you refused to pay. There is now a judgment against you.

I understand that you didn’t understand all that was going on, with the contractor, the insurance and with the court hearing. I understand that you weren’t aware there was a time limit that required filing a personal injury claim within one year of injury.

But, the reality is that a court apparently found the contractor’s story convincing and your story not as convincing. And the reality is you apparently have not acted in a timely fashion for a lawsuit now.

You can make an appointment with an attorney in your area to discuss what happened with your insurer, the tree and the contractor, the fence, the cable, and your injury. A free or low cost legal aid clinic might be a good place to start.

You are mistaken. I called them just for an estimate. For an hour they spoke into each ear trying to tell me I wouldn't have to pay anything. I told them I'm not committing insurance fraud and if they were that high, I couldn't do it and would let my blind friend do it. They put so much pressure on me and weren't listening to me. Then, one of them put a pad in front of me and said to fill out name address phone #. I did, as I did they walked back and took a picture of me with the pad, saying I signed it. I NEVER signed it! As a matter of fact, they told me it would be 6500. When they left that pad was blank and they not only didn't give me a copy, they NEVER invoiced me! EVER!
I learned from my insurance company that they changed the price to 6,000. You can't change the terms of the contract unless both sides agree. Doesn't matter if they lowered the price! When they woke me up, I went out and pulled the father aside and asked who hired him, 'because I know I didn't". He said my ins Co did. I asked who because I just spoke to my adjuster and he didn't approve it. They gave me a name of a woman they already knew her name. She just answers phone and she wasn't in that office they dropped it off at. She works in a different location. He lied in court saying he never said that. You would think that if a homeowner came out and said I didn't hire you, you would pack up and leave. The tree was down already, took them less than 1 hour. They claimed they were there from 7am-3pm. They testified after they went to state farm because they didn't know who my insurance company was and they called my ins Co to see if I was insured there. I would think I would have a right to privacy about who insured me, but that happened. They went to a neighboring town office to drop it off. After they harassed my insurance company to be paid, I sent them a cease and desist because ins would not pay anyone without my permission and unless they gave me their ins info to cover the damage and a copy of their biz license along with a signed agreement that I hired them. Never got any of it.
They had the burden of proof but the judge put the burden on me about my sleep habits. He asked if I heard the chainsaw, I told him what time and it took them less than an hour to be gone. He didn't believe any of that. I wasn't expecting to have to prove what I do when I sleep so I don't hear anything else and even awake I can't hear anything in my bedroom.
Luckily, the tree guys posted photos of a tree job that took them an hour. The only question should be if they were hired and we had a signed agreement. We do not!
Father and son both own company but only father sued me. I didn't know why, even questioned it in court. I realized after it was because he used his son and co-owner as a witness. He testified he was just an employee who makes a paycheck and didn't own the company. So he and the biz could not be Plaintiffs or judge would see the son had something to gain. I got him to admit it on cross. Judge didn't seem to care. The son was also a very hostile witness, asking me questions, yelling at me. Judge didn't care. The whole thing us just bullshit Since I got my Motion to vacate, the case starts over. They have a new attorney and I will subpoena their old attorney since she knows they committed perjury. I'm filing a counter for property damage and punitive for their perjury.
I told you, it's a long story. I'm a very credible person who has never changed my story.

 

[auntphibian]

You are mistaken. I called them just for an estimate. For an hour they spoke into each ear trying to tell me I wouldn't have to pay anything. I told them I'm not committing insurance fraud and if they were that high, I couldn't do it and would let my blind friend do it. They put so much pressure on me and weren't listening to me. Then, one of them put a pad in front of me and said to fill out name address phone #. I did, as I did they walked back and took a picture of me with the pad, saying I signed it. I NEVER signed it! As a matter of fact, they told me it would be 6500. When they left that pad was blank and they not only didn't give me a copy, they NEVER invoiced me! EVER!
I learned from my insurance company that they changed the price to 6,000. You can't change the terms of the contract unless both sides agree. Doesn't matter if they lowered the price! When they woke me up, I went out and pulled the father aside and asked who hired him, 'because I know I didn't". He said my ins Co did. I asked who because I just spoke to my adjuster and he didn't approve it. They gave me a name of a woman they already knew her name. She just answers phone and she wasn't in that office they dropped it off at. She works in a different location. He lied in court saying he never said that. You would think that if a homeowner came out and said I didn't hire you, you would pack up and leave. The tree was down already, took them less than 1 hour. They claimed they were there from 7am-3pm. They testified after they went to state farm because they didn't know who my insurance company was and they called my ins Co to see if I was insured there. I would think I would have a right to privacy about who insured me, but that happened. They went to a neighboring town office to drop it off. After they harassed my insurance company to be paid, I sent them a cease and desist because ins would not pay anyone without my permission and unless they gave me their ins info to cover the damage and a copy of their biz license along with a signed agreement that I hired them. Never got any of it.
They had the burden of proof but the judge put the burden on me about my sleep habits. He asked if I heard the chainsaw, I told him what time and it took them less than an hour to be gone. He didn't believe any of that. I wasn't expecting to have to prove what I do when I sleep so I don't hear anything else and even awake I can't hear anything in my bedroom.
Luckily, the tree guys posted photos of a tree job that took them an hour. The only question should be if they were hired and we had a signed agreement. We do not!
Father and son both own company but only father sued me. I didn't know why, even questioned it in court. I realized after it was because he used his son and co-owner as a witness. He testified he was just an employee who makes a paycheck and didn't own the company. So he and the biz could not be Plaintiffs or judge would see the son had something to gain. I got him to admit it on cross. Judge didn't seem to care. The son was also a very hostile witness, asking me questions, yelling at me. Judge didn't care. The whole thing us just bullshit Since I got my Motion to vacate, the case starts over. They have a new attorney and I will subpoena their old attorney since she knows they committed perjury. I'm filing a counter for property damage and punitive for their perjury.
I told you, it's a long story. I'm a very credible person who has never changed my story.

I called legal aid 2 years ago. They don't do these kind of cases. Called where we can speak to an attorney for free but they are Family Law and couldn't help.
And I knew I got injured by the cable but didn't know I had a surgical matter for a year, when I could finally get an MRI. I thought pers inj had a longer time limit or I would have filed that 1st year. Like I said, I thought I just added to my current pain, not that actual damage was done.
You make it sound like I'm a dumb ass. I am not!

 

[quincy]

I called legal aid 2 years ago. They don't do these kind of cases. Called where we can speak to an attorney for free but they are Family Law and couldn't help.
And I knew I got injured by the cable but didn't know I had a surgical matter for a year, when I could finally get an MRI. I thought pers inj had a longer time limit or I would have filed that 1st year. Like I said, I thought I just added to my current pain, not that actual damage was done.
You make it sound like I'm a dumb ass. I am not!

I don’t think anyone here is accusing you of being a “dumb ass.” We are just saying that the time for filing a personal injury lawsuit appears to have passed.

I am sorry that you have health problems. And I am sorry that you have struggled to find legal assistance in your area, even if the assistance is only to have an attorney personally tell you that there is little that can be done legally at this point in time.

Good luck, auntphibian.

 

[BensonBingham]

In many states, the statute of limitations can be extended if the injury wasn’t apparent right away. Since your issue was only diagnosed after the MRI, the clock may have started at that point rather than when you initially tripped. That said, since you’re up against a deadline, it’s crucial to act fast.

 

[quincy]

In many states, the statute of limitations can be extended if the injury wasn’t apparent right away. Since your issue was only diagnosed after the MRI, the clock may have started at that point rather than when you initially tripped. That said, since you’re up against a deadline, it’s crucial to act fast.

While the statute of limitations can be extended in cases where the injury could not be discovered right away, auntphibian tripped over the exposed cable in 2022 and discovered the extent of the injury in 2023. Both the injury and the discovery of the extent of the injury are both time-barred.

 

[auntphibian]

What is the name of your state? TN

In August 3022, i had a contractor do work at my house before we had a contract. They ruined my fence on that side and their equipment tore the dirt up and exposed an electrical wire going to my pool.

Well, I didn't see it and all the exposed roots while trying to get my fence up before my animals got out. The fence still needs replaced.

I tripped over the wire. I thought I exasperated my current issues, but almost a year ago, I found I gave 2 issues from it needing surgery.

My question is, with a 1 year statute of limitations but wasn't allowed the MRI until after PT, is the 1 year from when I was diagnosed with a surgical issue? I need to file by Friday.

There is a lot to this story, but let's start here. I can't find an attorney...I've tried.
Thank you!

TN SMALL CLAIMS/CROSS CLAIM?
Update info needed!
I
called a company to give me an estimate to get a tree off my roof. The company came out and spent an hour trying to manipulate me into giving them the job.

I told them no a bunch of times but they wanted me to commit insurance fraud. They told me the charge was 6500. I explained I had a 5k deductible and they said they have to charge high to cover my deductible. I told them I did not want to reach my deductible as I didn't believe repairs would come to that. They told me it would be 20-25k to fix.

They pushed a blank invoice in front of me and asked me to fill out the name, address,phone #. So, having asked for an estimate, that's what I thought I was doing. I could be more clear that I could hire them at that price.

They left without filling it out or giving me a copy.

The next day, I was asleep when I heard a chainsaw start. Not knowing if it was at my house or across the street, I called my sister, very groggy from medication. Then I heard big logs dropping on my roof. She told me to look outside. It was the tree company I didn't hire!

I went outside to tell them to leave, but the tree was down and they were just finishing with chipping.

I asked who hired them and said, "because I know I didnt"? He said the ins comp hired them. I spoke to my ins adj and that was a lie. You would think me asking a question about who hired them, they may want to stop and straighten that out. Instead, they lied and kept going. I told him ins better have, because I wasn't paying for it. My adjust told me they ask for 6k, which means they changed it without speaking to me. I, also, never signed anything approving them to do the job.

They harassed my ins Co for payment but not once asked me for the 5k deductible or anything else. They said in court they didn't want money from, so they never invoiced.

They did a lot of damage to my property. They refused to give me their ins info or biz license. Before 30 days were up, they sued me in small claims.

They called 4 times before coming, but my phone was on do not disturb. Most companies would wait until they spoke to the homeowner.

In the end I won my Motion to Vacate, so the case starts again.

Now, the father and son own the biz but only the father sued me, which I didn't understand, until later.

They called the son as a witness! He testified that he was just an employee that made a paycheck. On cross, I proved that was a lie. Judge didn't care.

So, I now need to file a property damage case but I don't know what to do. I want to sue all three. Is this a cross claim?

Also, what discretionary, emotional distress or other things can I add to teach them a lesson about filing a fraudulent case, committing perjury, etc.

Ive been calling lawyers for 2 years, but cant get past the gatekeepers, so Im on my own. Legal Aid doesnt do these cases.

 

[quincy]

TN SMALL CLAIMS/CROSS CLAIM?
Update info needed!
I
called a company to give me an estimate to get a tree off my roof. The company came out and spent an hour trying to manipulate me into giving them the job.

I told them no a bunch of times but they wanted me to commit insurance fraud. They told me the charge was 6500. I explained I had a 5k deductible and they said they have to charge high to cover my deductible. I told them I did not want to reach my deductible as I didn't believe repairs would come to that. They told me it would be 20-25k to fix.

They pushed a blank invoice in front of me and asked me to fill out the name, address,phone #. So, having asked for an estimate, that's what I thought I was doing. I could be more clear that I could hire them at that price.

They left without filling it out or giving me a copy.

The next day, I was asleep when I heard a chainsaw start. Not knowing if it was at my house or across the street, I called my sister, very groggy from medication. Then I heard big logs dropping on my roof. She told me to look outside. It was the tree company I didn't hire!

I went outside to tell them to leave, but the tree was down and they were just finishing with chipping.

I asked who hired them and said, "because I know I didnt"? He said the ins comp hired them. I spoke to my ins adj and that was a lie. You would think me asking a question about who hired them, they may want to stop and straighten that out. Instead, they lied and kept going. I told him ins better have, because I wasn't paying for it. My adjust told me they ask for 6k, which means they changed it without speaking to me. I, also, never signed anything approving them to do the job.

They harassed my ins Co for payment but not once asked me for the 5k deductible or anything else. They said in court they didn't want money from, so they never invoiced.

They did a lot of damage to my property. They refused to give me their ins info or biz license. Before 30 days were up, they sued me in small claims.

They called 4 times before coming, but my phone was on do not disturb. Most companies would wait until they spoke to the homeowner.

In the end I won my Motion to Vacate, so the case starts again.

Now, the father and son own the biz but only the father sued me, which I didn't understand, until later.

They called the son as a witness! He testified that he was just an employee that made a paycheck. On cross, I proved that was a lie. Judge didn't care.

So, I now need to file a property damage case but I don't know what to do. I want to sue all three. Is this a cross claim?

Also, what discretionary, emotional distress or other things can I add to teach them a lesson about filing a fraudulent case, committing perjury, etc.

Ive been calling lawyers for 2 years, but cant get past the gatekeepers, so Im on my own. Legal Aid doesnt do these cases.

I don’t see that anything has changed so I don’t think there is anything more that anyone can add in the way of advice.