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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32354
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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Summary: How do I get a Suit dropped (Justice of the Peace)

Customer Question

Summary: How do I get a Suit dropped (Justice of the Peace) - are there certain forms or a letter I need to write?Explanation:
A contractor my small business hired took advantage of us. Basically, he did several things wrong and kept ignoring us for other clients (extending the job for weeks so our VIP client couldn't meet with us at our offices..not to mention having got pay employees to come in at night and weekends because he broke the agreement to only work during business hours which was required from the get-go). We had to pay other contractors to come in and fix countless things. He's now trying to sue us because we didn't let him "complete the job". We have photos and quotes from the other contractors. It's been several months ago now and we're still finding things we have to re-do (such as the electrical wiring on the light switches being a fire hazard now).Also, he's addressing the suit to my fiancé, who is an employee of the company (I own 100%). So for starters, he can't sue my fiancé when the company hired him.What are the steps to explain the situation and get this dropped? I assume we'll need to first get this dropped since it's addressing the wrong party? Then when he files again, what do I do? Are there specific forms or do I just write a letter to someone?Thank you!
Megan
Submitted: 6 months ago.
Category: Business Law
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It's much more complicated than you might believe.

She will first have to file an Answer and then a Motion to Dismiss. Texas itself doesn't put ot forms for their courts in general, although some local courts have their won forms and there are some forms at www.TexasLawHelp.org.

You can't just write a letter to the court, that's no allowed, but if you do some internet searches for Answer or General Denial Answer or Texas Small Claims Court Answer and then some variation of that for Motion to Dismiss you should be able to find things online. You can also go to www.legalzoom.com and they may have some forms but there is a charge.

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