What is the name of your state (only U.S. law)?
TX - Texas
I have question regarding Trial De Novo.
I am the plaintiff in a small claims court case in which I am suing a contractor for negligence and breach of contract. The evidence against the Defendant is overwhelming, and I am all but guaranteed to win.
The Defendant has hired a lawyer who recently made a settlement offer for a substantially reduced amount. The Defendant's lawyer claims the Defendant is broke and this is all he can afford. He also said if I win the case for the full amount ($10K plus potential treble damages for fraud), his client will file for a Trial De Novo.
My question is:
If I win my small claims court and given how overwhelming the evidence is against the Defendant, what is the best approach for asking the new court to dismiss the case? Should I simply file a motion for summary judgment?
Also, could I counter-sue in the new court for abuse of process - basically the Defendant's lawyer knows the Defendant cannot win and is using the Trial De Novo to force me to accept the settlement under duress.
TX - Texas
I have question regarding Trial De Novo.
I am the plaintiff in a small claims court case in which I am suing a contractor for negligence and breach of contract. The evidence against the Defendant is overwhelming, and I am all but guaranteed to win.
The Defendant has hired a lawyer who recently made a settlement offer for a substantially reduced amount. The Defendant's lawyer claims the Defendant is broke and this is all he can afford. He also said if I win the case for the full amount ($10K plus potential treble damages for fraud), his client will file for a Trial De Novo.
My question is:
If I win my small claims court and given how overwhelming the evidence is against the Defendant, what is the best approach for asking the new court to dismiss the case? Should I simply file a motion for summary judgment?
Also, could I counter-sue in the new court for abuse of process - basically the Defendant's lawyer knows the Defendant cannot win and is using the Trial De Novo to force me to accept the settlement under duress.