Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
How do I go about proving that they knew that it exceeded the statute of limitations. Other than the fact that the attorney offered no argument when I presented the contract. When he received my copy of the contract he filed a motion with the court asking for dismissal of the case but not agreeing to pay my cost or attorney's fees.
Is this proof?
The attorney sent me a letter on June 6, 2012, which starts out with "I am writing to you on behalf of plaintiff concerning a roofing job you did for her back in August and September of 2006. It appears that your contract with the Plaintiff did not comply with the Home construction Contract Act, which is also an unfair trade practice." Here he implies that he is looking at the contract.
He ends with "I had previously requested a a copy of your portion of the contract from your wife and that it has not been supplied to me. I repeat my request to see your portion of the contract." Again he implies that he has a copy of the contract.
The actual date on the contract I presented is August 20, 2003.
Can an attorney materially misrepresent the facts in a case? He has pulled the date of August and September 2006 out of thin air. He then implies that he is looking at a contract, and in fact has a copy of the contract. He obviously did not because he would have known that the date was August 20, 2003.
How do I go about bringing this up to the court?
I am representing myself. The Judge in the case has requested that myself and the plaintiff (plaintiff's attorney) appear at a hearing in a few days to discuss court costs and legal fees.
Do I bring it up at the hearing , or do I need to file some sort of motion?
I have already filed a motion entitled support for defendant's recovery of legal costs, but didn't bring up the issue of sanctions to collect legal costs because I didn't think of it until now.
So if I understand correctly, I testify in court first? Then file a motion for sanctions.
Or do I file the motion for sanctions tomorrow, April 2nd, then testify at the hearing which is April 3rd? If I file the motion tomorrow I don't know if the plaintiff's attorney will have time to respond.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).