Anybody ever been through the litigation process before. I have found myself in the middle of a Problem and had to take Legal action. Anybody got any advice on what type of thing to look out for, how to know if you have a good attorney, and what the process is, and what to expect time wise? This is over a Realestate matter, with objection to some penalites for prepayment, and a large sum of $$$$$.
ever been sued or gone through litigation?
- Thread starter TELFORD
- Start date
make sure you tell your attorney everything, do not hide any thing and he/she will be able to best represent you in your case.
I always keep paper work on everything that I purchase.
I was sued by a former land lord for some of the most ridiculus items you could imagine.
I was renting what was a 40+ year old home when I was 20.
I did a walk through of the home, took photo's of it's current condition inside an out, before moving in, and made a list of the items and she signed off on them acknowledging them.
this lady wanted me to replace all the eve's and over hangs on this house (for some reason they were warped due to something that I did) figure that one out, wood eve's on a 40+ yr old home, the will warp eventually.
wanted me to put new carpet in the entire house (did not have new carpet when I moved in), mind you in the year that I lived there I had them professionally cleaned twice, and the photo's of when i moved in versus when I moved out the carpet actually looked better..
wanted me to replace all the lawn in the back yard that did not exisit when i moved in due to all the fruit trees in the back that killed off the grass (i had my aunt bring over her pot bellied pig once a month to gorge on all the fallen fruit, kept that back yard clean as could be, but could never get the lawn to actually grow back).
oh yah and I had a tree removed that was to close to the house that actually moving the brick in the walls, and was growing into the eve's and over hang, and was starting to push up the roof.
there were some items that would not have been considered normal wear and tear so I had her inspect the house and write down everything she thought needed to be replaced, we then discussed the list, then we agreed and signed off on the list.
I replaced all the items on the listed, video taped everything as it was being repaired and once we moved out.
6-9 months later the I am served papers, I was confused, so the wife and I met with an attorney (free 1/2 hour deal), told her literally everything, presented the paper work as well as some of the photo's, she told exactly what to say and how to present it to the judge.
In court the landlord was allowed to present her case, complete with witnesses and all.. 1.25 hours later the judge says what do you have to say in regards to her statement?
Me: Your Honor I would like to present to you a release contract that was signed be myself, my wife, and the home owner.
Judge: ok bring it here.
Judge: what is this
Me: I explained the above to him
Judge: Ms Home Owner, do you know what this is? Is this your signature on this? do you have a copy of this?
Owner: Yes your honor, but..
Judge: no no you had your turn, let me explain to you what this is... see these four corners of this papaer?
Owner: Yes
Judge: This is called a contreact, you signed it, your witness signed off all items completed, you signed off on the itmes completed. This is now your new contract and the old contract is knull and void, judgement for the defendant.
all in all just a waste of my time.
and the items that I replaced were not really my fault, but I did them anyway.
Storm door blew open during a windy day and the window broke, so I had a new door installed.
there were a bunch of little things, but I did them all not trying to be a bad renter and she still sued me.
I always keep paper work on everything that I purchase.
I was sued by a former land lord for some of the most ridiculus items you could imagine.
I was renting what was a 40+ year old home when I was 20.
I did a walk through of the home, took photo's of it's current condition inside an out, before moving in, and made a list of the items and she signed off on them acknowledging them.
this lady wanted me to replace all the eve's and over hangs on this house (for some reason they were warped due to something that I did) figure that one out, wood eve's on a 40+ yr old home, the will warp eventually.
wanted me to put new carpet in the entire house (did not have new carpet when I moved in), mind you in the year that I lived there I had them professionally cleaned twice, and the photo's of when i moved in versus when I moved out the carpet actually looked better..
wanted me to replace all the lawn in the back yard that did not exisit when i moved in due to all the fruit trees in the back that killed off the grass (i had my aunt bring over her pot bellied pig once a month to gorge on all the fallen fruit, kept that back yard clean as could be, but could never get the lawn to actually grow back).
oh yah and I had a tree removed that was to close to the house that actually moving the brick in the walls, and was growing into the eve's and over hang, and was starting to push up the roof.
there were some items that would not have been considered normal wear and tear so I had her inspect the house and write down everything she thought needed to be replaced, we then discussed the list, then we agreed and signed off on the list.
I replaced all the items on the listed, video taped everything as it was being repaired and once we moved out.
6-9 months later the I am served papers, I was confused, so the wife and I met with an attorney (free 1/2 hour deal), told her literally everything, presented the paper work as well as some of the photo's, she told exactly what to say and how to present it to the judge.
In court the landlord was allowed to present her case, complete with witnesses and all.. 1.25 hours later the judge says what do you have to say in regards to her statement?
Me: Your Honor I would like to present to you a release contract that was signed be myself, my wife, and the home owner.
Judge: ok bring it here.
Judge: what is this
Me: I explained the above to him
Judge: Ms Home Owner, do you know what this is? Is this your signature on this? do you have a copy of this?
Owner: Yes your honor, but..
Judge: no no you had your turn, let me explain to you what this is... see these four corners of this papaer?
Owner: Yes
Judge: This is called a contreact, you signed it, your witness signed off all items completed, you signed off on the itmes completed. This is now your new contract and the old contract is knull and void, judgement for the defendant.
all in all just a waste of my time.
and the items that I replaced were not really my fault, but I did them anyway.
Storm door blew open during a windy day and the window broke, so I had a new door installed.
there were a bunch of little things, but I did them all not trying to be a bad renter and she still sued me.
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TooeleCherokee said:I will ask my wife to get some names of some good realestate lawyers from her boss.. one of the best Devorce Lawyers in the state..
not sure if I would like my wife working for him or not
I wish I would have started recording phone conversations a week ago when this whole thing started. I know I am ok, for the most part, just really uncomfortable with taking on the big fish. Never been in this position before, but I am not going to let corprate america walk all over me.
You hear all of the bad stories obout attorneys taking people for a ride just to get there cash. I think I have singed with a good one, but hters always a little voice in the back of your head saying.............................are you sure?
- Location
- Bountiful, land of rocks
Make SURE your attorney has experience in SIMILAR cases. You usually get what you pay for in an attorney.
....Oh, and if it goes to court, shut up and let the attorney do their work. Do and say EXACTLY what they tell you to do, nothing more, nothing less.
....Oh, and if it goes to court, shut up and let the attorney do their work. Do and say EXACTLY what they tell you to do, nothing more, nothing less.
Tacoma
Et incurventur ante non
- Location
- far enough away
note to self: rent to Bone Down if he needs a place. hehe
TELFORD said:not sure if I would like my wife working for him or not
Ya I question how good an idea it is a lot.. IE.. Hmmm devorce is not an option.. wife works for a lawyer that has a 10K retainer fee before he will even talk to clients.. I doubt I could find the cash to get a lawyer that was as good
.. not that I am planning devorce... just wow.. I would be screwed if I did..
Tacoma
Et incurventur ante non
- Location
- far enough away
that's what I mean: you are a good tenant. Should I acquire rental property and should you have need of it, you are welcome any time!
Growing up, we rented the front of our 2 family farmhouse, oh lots of fun with that one.
Growing up, we rented the front of our 2 family farmhouse, oh lots of fun with that one.
I dont know what I would do if I needed to come up with a 10 k retainer fee. Its hard enough parting with the 2500.00 that this attorney asked for.
How ling do these things usually take? Do they immedately go to work or do they do "home work" fo r severel days, weeks, yada, yada, yada.
How ling do these things usually take? Do they immedately go to work or do they do "home work" fo r severel days, weeks, yada, yada, yada.
Jeeptj98
Active Member
TooeleCherokee said:Ya I question how good an idea it is a lot.. IE.. Hmmm devorce is not an option.. wife works for a lawyer that has a 10K retainer fee before he will even talk to clients.. I doubt I could find the cash to get a lawyer that was as good
What attorney if you don't mind me asking?