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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.
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