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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33068
Experience:  Began practicing law in 1992
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I am being sued in small claims by a painter (we fired)

Customer Question

Hello. I am being sued in small claims by a painter (we fired) of franchise CERTAPRO. He lives in a different county and filed the claim there. We found out that he mis-filed...He should have filed in OUR county. (North Carolina)
Question: He did not send a copy of the signed contract (There isn't one)... Can we insist through our 30-day response to 1) Send us a copy of the ghost contract 2) Tell him to refile the claim in the right county.
Strange...his law firm allowed him to do this....
Note: We have a great case with over 400 timestamped photos, Timestamped 9-page letter of complaint to CERTAPRO HQ; a report from the painter who actually did the job well.
Any advice to kill this claim? We are dealing with cancer and do not wish to give up the time in court. If we have to deal with this, we will sue for a new roof. He destroyed it with white paint and then sprayed black paint to cover it up. He claimed it was "Paint remover". :(
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 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. Can we insist through our 30-day response to 1) Send us a copy of the ghost contract Not exactly. You have to send discovery to request a copy of any documents that you want him to provide. Normally discovery is a separate document. 2) Tell him to refile the claim in the right countyAgain, you have to file a separate document for this and you would usually file a Motion to Transfer Venue. However, if you don't do things in the proper order you waive the right to complain about improper venue so this is something you need to discuss with your lawyer.