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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19106
Experience:  B.A.; M.B.A.; J.D.
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In 2010 a roofing company was replacing a roof on my rental

Customer Question

In 2010 a roofing company was replacing a roof on my rental space and did a faulty job and it leaked and destroyed over one million of my inventory. I was under insured and only got paid 1/2 the value of what was appraised
I lost my 20 year business because of the roofer. I had no money to sue but my insurance company sued the roofer for their pay out. By 2014 I was so broke I had lost everything and I had no attorney. in January of 2015 I was sent an order to produce a great deal of documents. I responded by saying I had no attorney and could not respond to the order. After being brought into depositions and many meetings with the roofers firm with the insurance company it has now been well over 1 year since the order was filed. Their has been 5 depositions since this order was sent out and other orders responded to.
The roofing company has now filed to dismiss the case based on me not responding to the order in early 2015 and holding me in contempt of court.
Is this an abuse of the system?
Should they have not waited for over a year and so many processes in the case before they decided to complain about the order from early 2015 that was not responded to?
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
If their is case histories or code of law that protects individuals from firms holding off on filing about an order that was not properly responded to while they continue to handle a case for over a year with a great deal of filings.I was told by the roofing companies attorneys I had to store the damaged items during the case and now they are saying the case should have been closed out in early 2015 from me not responding to a order and I should be held in contempt. The case was to go to court in July and they were going to loose.
Customer: replied 1 year ago.
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Expert:  Phillips Esq. replied 1 year ago.
It is not an abuse of the system for the opposing party to file Motion to Dismiss for failure of the other party in the case to comply with a Court Order. However, it is up to you to file Motion to oppose it and tell the Court your reason. However, not having an Attorney I am afraid is not a valid reason. In order to avoid the Court ruling against you, you should attempt to try to comply with some of the Orders so that you can tell the Court that you are doing your best to comply. The Court may view that very favorably and may grant you more time to comply instead of granting the opposing party's Motion to Dismiss. Best wishes, Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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