Hello. I'm sorry to hear that you are in such a difficult situation. If the suit was filed more than 6 years after the date the work was allegedly done, it is beyond the statute of limitations. A simple motion to dismiss it can end the case. It sounds like they filed it just in time (2012) to prevent that. A suit on a contract should have a copy of the contract attached. You can file a request with the court to produce one. An adjournment is a continuance of whatever is scheduled to be heard by the court. The parties can continue matters by agreement. If the dates of the work are after you sold the home, you can appear at the trial with a copy of the deed and other closing documents from when you sold it and you should win the case. The burden of proving his case is on the electrician . Why did he wait six years to sue? It is unfortunately true that it will probably cost more to actually go to court and defend the case than to pay it. But that is your decision to make. Good luck.
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I did give you the good rating so you could get the payment but I did have a follow up question which I sent and didn't hear anything back?
3 things if it's not too much.....
I sold the house on 8/1/06 (I uploaded the HUD into the cour system) I received the summons 10/25/12 so I filed a motion to dismiss because it was past statute of limitations. The plaintiff's attorney responded with three pages of case law and the judge denied my motion. Should I do something else in regards to the statute of limitations?
I have asked for a contract repeatedly and never received one. We were in the conference part and I don't have any idea why but nothing happened and now we have moved to the compliance part and they have agreed to let me appear by phone in compliance. Is this discovery? I keep asking everyone why I have not received any of the discovery items I have asked for, including the contract, but I cannot get an answer. What do you think this conference is about and what should I do?
Is there any way to keep them from demanding I go to NY. I have no home, business or relatives there so it will be a problem since I have lived in Fl since I sold that house!
Thanks for any help you can give.
Neither the date you sold the house nor the date you received the summons is relevant to the SL: question. It's the date that the work was done, and payment was due and the date that suit was filed that count. That said, there can often be other considerations where a statute has been tolled, i.e. a period of time will not count toward the statutory period. But that's pure theory. If you lose a big judgment, you have the right to appeal it. But I think your money would be better spent on an attorney to defend the case at the trial court level. No amount of on line reading is going to turn you into a lawyer. The fact that a lawyer beat you on the S of L question, and you haven't been able to force production of the contract allegedly sued upon says volumes about what the future is going to be. The lawyer must be nuts to take an $1,100 collection case, but the legal profession has all kinds today. Try to get the court to permit you to appear by phone conference even at trial. If you can effectively cross examine the plumber, and the judge believes your story about never having seen the guy before, (that might be hard to establish by phone) you have a chance to win. Even if you lose, the plumber still has to collect the judgment in FL. Maybe he won't be able to find your assets. At worst, you can pay him and be done with it. Suggestion: Don't try to win the case in the discovery and pleading stage. It won't happen. Make the guy try the case and get it behind you for better or for worse.
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Yes very helpful thank you.
Believe me I know that I am doomed without a lawyer. Tried to find one here in FL that could practice in NY but couldn't so I got a bunch of referrals from people I know up there and the local bar. None of them would take it! They said the starting retainer would be more than the suit, I even agreed to it but they said they couldn't take it for various reasons. It is terrible to be in this position.
I will ask for a copy of the contract since I guess this is a Discovery meeting and see what happens.
If I have more questions after that can I pay again and get you since you are sort of familiar with it?
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