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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I am being sued by a restoration contract company - Milro

Customer Question

I am being sued by a restoration contract company - Milro Services. I want to counter sue and I won't pay because they came in and ripped apart major portions of my ceilings and floors when no water damage existed in those areas. This happened in late Nov. Also they damaged a floor exposing concrete, and breaking my tenants dresser in the process. i thought I was covered by insurance for this and was not and I'm not working. When I saw that the areas hey ripped up had no damage and I had to pay to have ceilings restored myself... Now they are suing me for over $5k
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You will want to file both an "answer" to the complaint (usually a "general denial and affirmative defenses"), and a "counter complaint" (in which you sue them for (1) breach of contract and (2) negligence).

If you are in small claims court, this should be fairly straight forward - the court hears argument from both sides and allows you to present your arguments informally. I would still recommend getting a contractor or other building tradesman to act as an expert but it is not absolutely mandatory.

If you are in general civil court - expect the process to be more formal, and you will definitely want to have an expert on your side.

Customer: replied 1 year ago.
Also this happened Nov 1st. - do they have cause to sue me only a month and a half after the incident?
And do I need a lawyer myself and can I get one on contingency? And if so, why type of lawyer does this?
Expert:  CalAttorney2 replied 1 year ago.

They can sue now, even though it has only been a short time (likewise, you can also sue, even though it has only been a short time).

You can get a lawyer if you want to (this really isn't a big enough claim to warrant a contingency fee - where the lawyer advances their services and costs of litigation for a portion of your recovery (even at 40%, if the damages are $5,000.00, the attorney is not going to be able to represent you for a possible recovery of $2,000.00). But if this matter is a small claims case, these are designed for you to represent yourself (without a lawyer).

If your damages are greater - you may want to look for a lawyer.

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.