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hired a cleaner to clean a new construction home. Which

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hired a "cleaner" to clean a new construction home. Which would include ducts, windows etc. Not just maid service. She quoted $5000 but did not do the entire job. We fired her, paid her 3000 for her troube and hired someone else to do the work. She is now suing us for 2000, balance on the contract. Do we need a lawyer? What should I take with me to court?
Submitted: 7 years ago.
Category: Business Law
Expert:  LawHelpNow replied 7 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you. To provide you with accurate information, could you please clarify this point:

 

  1. What is the full name of the Court in which suit has been filed?
  2. What is the style of the pleading -- the name of the petition or citation?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 7 years ago.
it is filed Loudoun County, Virginia. General District Court. Warrant in Debt.
Expert:  LawHelpNow replied 7 years ago.

Hello again,

 

Thanks for writing back so promptly.

 

I apologize for needing to seek clarification on one more point so I make sure to provide you with the correct information.

 

  1. Regarding the General District Court, is this case filed in the Small Claims Division?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 7 years ago.
It states :Civil Claim for Money. Loudoun County General District Court, Warrant in Debt. va code 16.1-79 that is all I see, I don't see the words "small Claims" with the basis of the claim being "contract".
Expert:  LawHelpNow replied 7 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with business and civil litigation experience including contract claims. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional information as requested, which was helpful to my analysis of your inquiry. I hope this matter gets resolved appropriately for you.
  2. "Do we need a lawyer?" Yes, the most prudent move would be to retain legal counsel. Here is what I say that. In some jurisdictions (most notably California), there are many good resources for pro se (self-represented) litigants. However, unfortunately this is not the case for defendants in Virginia. There are some limited forms available for public use, but none are going to suit your particular needs at this juncture. Here is what I would suggest. The most pressing need at this point is to file a timely answer to suit to avoid risking the entry of an adverse default judgment against you. I would start by immediately scheduling an initial session with legal counsel for $35 through the Virginia Lawyer Referral Service. Alternatively, you could schedule an unlimited duration telephone consultation for $34.95 through Legal Advice Line. This service also offers document drafting and review for modest fees. The papers you received likely make mention of making an "appearance" in Court, but at this stage of the proceedings that actually means timely filing a proper answer.

  3. "What should I take with me to court?" Truthfully, at this early stage of the proceedings that question cannot be fully answered with authority. Rather, much of the case will be framed through Discovery (i.e. Interrogatories, Requests for Production, Requests for Admissions, etc.) well before a trial date is even scheduled. In other words, you are far from even being able to know what evidence will be introduced. If and when it does come to trial, your focus will most likely be on proving that the cleaner failed to uphold her end of the agreement. This would include your testimony about the poor quality of the work performed, any documentary evidence (i.e. photographs, correspondence), along with proof that you had to pay another cleaner to do the job correctly.

  4. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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