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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Our architect collected 30,000 dlls from us and never turned

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Our architect collected 30,000 dlls from us and never turned in a project within the budjet we asked our house to be . Afer 18 months of struggling we hired a new architect and builder and start all over. I know small claims court is for 10,000 in montgomery c**ty in Texas. What do yu suggest we do? He will not give us anything back because he says ta s what his project costs.
Thank you for the post, I am happy to assist you by answering your questions. You mentioned that he never produced a project within your budget, did he present a project at all?
Customer: replied 3 years ago.
He kept presenting his plans with any it took months fr design to be completed and when he frst quted the house budjet went over for almost 100 percent. We ad to ae ut everything tat we thought could wait but still the budjet was exceeded for almst 200,000. Lans were reected several times by woodlands becaus they did nt meet the section ur neighbrhood in order to be within the criteria...mre canges came....adding cst to the house. Everything we wanted in the house was no longer there, like summer kitchen, pool, spa, guest room, professinal kitchen, etc. he does nt feel responsibe for nt dlivering a project within the budject we asked. He was invted to see the lot befre we bught t and we old him what we wanted....he of carse said t was possibe to get a huse with everything we wanted for that amynt of mney. We went ahead and hired him by paying 30,000 but never signed a contract with him. What do yu think?
Thank you Nicolle, you should retain counsel to send him a demand letter for the return of your deposit, claiming that he breached the verbal agreement by failing to deliver the project as agreed upon. Because there is no written contract, you will need some evidence of the terms agreed upon in order for the breach claim to be sustainable. Please let me know if you have any follow up questions or need additional guidance.
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Customer: replied 3 years ago.
Do we need to hire an attorney to sue or can this be resolved in some kind of small claims court even though I know they take cases for up to 10,000. How do we aproach the case?
Unfortunately small claims court would not be an option due to the sum in dispute. While you can proceed pro se, it is not advisable as your claim would be in district court where the rules of evidence and procedure would be strictly enforced.
Customer: replied 3 years ago.
Not sure what you mean? Can you explain more....notcfamiliar with all the legal terms.
Not a problem. I was saying that your claim cannot be filed in small claims, but would have to be filed in regular court, where the rules of evidence and civil procedure are strictly enforced. This places you at a disadvantage representing yourself if the other party is represented counsel or has superior knowledge of legal process.
Customer: replied 3 years ago.
What exactly does representing myself in court mean?
It means acting as your own attorney, drafting and filing your own legal documents.
MShore and 6 other Legal Specialists are ready to help you