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Irwin Law
Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 4814
Experience:  30+ yrs. representing small business, real estate, probate
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Im being sued by an electrician in NY but I live in NY. He

Customer Question

Im being sued by an electrician in NY but I live in NY. He claims he did work for me but I sold the house in 2006".

Multiple times I asked to appear by phone for the stipulation conferences but they kept denying it and I'm not sure why. I am now in the Compliance part asking for same, they told me to ask the plaintiff's attorney for an adjournment on consent.

What is an adjournment on consent and can they make me go to NY ?
Submitted: 1 year ago.
Category: Business Law
Expert:  Irwin Law replied 1 year ago.

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.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 4814
Experience: 30+ yrs. representing small business, real estate, probate
Irwin Law and 6 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi,


 


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?


 


Sally

Expert:  Irwin Law replied 1 year ago.
Hi again Sally and thanks for the nice rating. Unfortunately, your follow-up question never made it. If you will send it again as a Reply to this, I'll do my best to answer you tonight.
Customer: replied 1 year ago.


Hi,


 


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.

Expert:  Irwin Law replied 1 year ago.

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.

I hope that this information is helpful. If not, please send me a Reply without entering any rating and ask for additional information. If it is, I would appreciate your most favorable rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Just Answer. Your business is appreciated.

Customer: replied 1 year ago.

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?


 

Expert:  Irwin Law replied 1 year ago.
Okay. As the Brits say: Ring me up anytime. Just start your question with: "For Irwin Law", and it will be sent to me. And yes, to get a copy of the contract, you should file a Request For Production. If there is one, the attorney, should see that a copy is sent to you.

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