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I'm suing a contractor for breach of contract. I'm wanting…

Hi. I'm suing a...

Hi. I'm suing a contractor for breach of contract. I'm wanting him to pay the difference between his contract and the contract I had to go get when he reneged. 1) He is maintaining he never wrote the emails I have which shows we had a contract. How can I prove that he wrote these emails, and how can I get evidence that he did, in fact, send these emails that I have a copy of? 2) He is requesting that, with regard to who pays attorney's fees and other expenses, that the court make this "American Style". What is American Style, and how can I get him to have to pay for all my expenses caused by his ridiculous Motions, obstructions, denials, and so on, which have forced me to consult an attorney at every turn, and to incur expenses I would otherwise not have had to incur? Does American Style apply in my case, and what factors make that determination? 3)

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page. What state is this in? And can you tell me a little more about the charge?

Virginia. I'm suing him for breach of contract. He's maintaining that we have no contract, yet he sent me an email that thanked me, and gave me a start dated for the work, after I signed his already-signed contract and sent it back to him. I sent him a check which he never cashed. He denies that I sent him the check, but I have written tracking confirmation that it was sent. He also is saying that contacts between us were made by phone, not by email, and that is patently not true. I only do contracts in writing by email or in person. He is taking part of what was in the email and is saying that that was communicated to him by phone, denying several of the emails which demonstrate that we had a meeting of the minds and that he was proceeding with the job at one point.

Lawyer's Assistant: Has anything been filed or reported?

Yes. Grounds of Defense and Bills of Particulars have been filed. He is very angry, and on the first day of court he was breathing heavily, I could hear him talking about me ion the back of the court, when he approached the bench he turned to me angrily and insulted me, and was breathing heavily into the microphone, he insisted that he judge dismiss the case, and when the judge wouldn;'t, he argued with him, seething, and came around the podium towards the jugde and was stopped by his wife and the approaching bailiff. The judege three times refused to dismiss the case, and he left. The judge ordered the Bailiff to walk with me because this man was so angry at me and at the judge. Just outside of the court he and his wife were waiting for me, and they harangued me. I was pretty shaken. I tried to respond, but they weren't hearing anything I was saying, They were furious that I had filed this suit. He kept stabbing with his finger at the warrant and coming at me, talking loudly between clenched teeth. Now he has filled a countersuit against me for having filed a protective order, done at the advice of a clerk of the court for more than $8000.00. The amount I was asking for was $450.00, which is the difference between his contract and the one I had to go and get when he declined to do the work.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

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Customer reply replied 4 months ago
My court date is the 26th, and so I need a response as soon as possible. I also work full-time and can't communicate with you at work, which limits our time to this comingMonday evening, Tuesday evening (later in the evening), and Friday evening, since I work 12-hour days Wednesday and Thursday. Please try to contact me as soon as possible. ON the other hand, my cell phone number is(###) ###-#### but reaching me Monday and Tuesday will be catch-as-catch-can, as I have meetings all day, but could return a call between meetings if you leave a number. Thanks for your help with this.
Customer reply replied 4 months ago
Just to let you know - I'm on East Coast Time.
Answered in 10 hours by:
2/19/2018
WiseOwl58
WiseOwl58, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,528
Experience: Consumer Protection Expert and Advocate
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Customer reply replied 4 months ago
Can you please write a response, and I will call if I have a question or need further explanation, if you can't provide a phone number that I can call you between meetings today. I can't use the work internet for personal communications -they fire people for that.

1) He is maintaining he never wrote the emails I have which shows we had a contract. How can I prove that he wrote these emails, and how can I get evidence that he did, in fact, send these emails that I have a copy of?

You can prove he sent them by the email that they came out of--which is his email. The presumption is that he sent them, unless he can prove that someone hacked his account and intervened in his dispute with you, which is highly unlikely qand absurd to think a hacker would intervene

2) He is requesting that, with regard to who pays attorney's fees and other expenses, that the court make this "American Style". What is American Style, and how can I get him to have to pay for all my expenses caused by his ridiculous Motions, obstructions, denials, and so on, which have forced me to consult an attorney at every turn, and to incur expenses I would otherwise not have had to incur? Does American Style apply in my case, and what factors make that determination?

AMERICAN STYLE MEANS EACH PARTY PAYS THEIR OWN ATTORNEYS FEES. HERE, HE SHOULD PAY YOURS AND YOU CAN ASK THE JUDGE TO AWARD YOU YOUR ATTORNEYS FEES FROM HIM, AND THE JUDGE PROBABLY WILL DO SO.

The amount I was asking for was $450.00, which is the difference between his contract and the one I had to go and get when he declined to do the work.

THIS IS A VERY SMALL AMOUNT, AND THE JUDGE IS LIKELY TO ORDER HIM TO PAY IT. YOU SHOULD FILE A NEW CLAIM IN SMALL CLAIMS COURT, GET ON THE COURT CALENDARE AND EXPLAIN ALL OF THIS TO THE JUDGE.

Please rate five stars ***** by clicking on five stars ***** and press SEND.

A bonus is appreciated after you rate.

Good luck to you. I wish you all the best.

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Customer reply replied 4 months ago
Will he have to pay for the court costs and attorneys fees even in Virginia?

Yes, the judge can order that but you have to request it specifically. That is within the judge's power and discretion.

Now, would you please rate five stars ***** by clicking on five stars ***** and press SEND.

A bonus is appreciated after you rate.

Good luck to you. I wish you all the best.

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Customer reply replied 4 months ago
Also, why begin a new claim, when the one I have is coming up this coming Monday?

That's fine, go with the calendar for Monday.

But now, I do request that you rate the answer and close out the question.

Now, would you please rate five stars ***** by clicking on five stars ***** and press SEND.

A bonus is appreciated after you rate.

Good luck to you. I wish you all the best.

WiseOwl58
WiseOwl58, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,528
Experience: Consumer Protection Expert and Advocate
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