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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27989
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Signed a docuent I thought was a contract. The contractor

Customer Question

Signed a docuent I thought was a contract . The contractor never signed the document titled Proposal. Contrator damaged y protperty inprocess of doing work did not submit to insurance company and tried to repaire themselves continued to damage property I stopped them and offered to pay them or work completed less cost to repair damaes they refused and put a lein on my property. I sued in small claims court and prevailed, but the appealed so we have a trail d nova they had an attorney both times the judge dismissed my claim reason given just stated no cause. I appealed but the day I served them I suffered a heart attack and could not perfect my appeal. The contractor through their attorney is now suing me in city court the used the term written agreement and did not use correct amount contractor stated I the proposal I answered stating no such document exist and stated they had no cause. They have filed motion for summary judgement.
How can I defend this given the background
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I certainly understand the situation and your concern. It is important to know that the Judge will grant a motion for summary judgment, when there is no genuine issue of material fact. As such, a motion in opposition to their motion for summary judgment needs to be filed with supporting affidavits, to show the Judge that there is an issue and it needs to be decided at trial. You want to address and oppose their claims which they are asking the Judge to grant the SJ and clearly show there is a legitimate dispute about this.

Customer: replied 1 year ago.
Given what I have stated how do I articulate my disputes
Expert:  LegalKnowledge replied 1 year ago.

You would want to attack their claim that there was a written agreement. You want to show what the elements are for a valid contract and show those are not present and that you have evidence which contradicts their claim that you owe X. You shared above that there was a proposal and if so, it should have had amounts on it and that is what was relied on.

Customer: replied 1 year ago.
Okay also they damaged my property refused to submit to insurance rejected my offer then a judge dismissed my claim for no cause how does this play into the equation can I state the no cause was due to the judge looking the proposal as not being a contract and now they are trying to get their full amount claiming res judica (sorry for spelling) I not only want to dispute the mount they stated I do not believe they are entitled to anything if I wasn't do to no cause it goes both ways as I see it or does it??
Expert:  LegalKnowledge replied 1 year ago.

You can always have a counter claim, so that should have been filed when they filed suit against you. Moreover, if they previously alleged there was no contract and that was the basis for them prevailing, they can not come back now and allege there was, so you would want to show the Judge this.

Customer: replied 1 year ago.
In my answer I did not file a counterclaim just o cause can I now come back and file one against this summary jundgement or what also it was never stated no contract the judge just dismissed my claim and when I got copies of the record she only stated as a reason "no cause" and as I stated I could not perfect my appeal due to my heart attack so can I still
Expert:  LegalKnowledge replied 1 year ago.

If you could not perfect your appeal as a result of the heart attack, there would be good cause present, to try and vacate that ruling. It should have been done timely ( once you knew about this and recovered), so you would need to explain the reason for the delay. Now, if you wanted to file a counter claim, you likely would need permission to amend your answer and file the counter claim, so it relates back to the original filing.

Customer: replied 1 year ago.
Can I present all this in my reply to the summary judgement for I have been back to the hospital at least seven times since the heart attack most recent 12/23/15 the appeal was dismissed Jan 25th
Or do I have to file separate documents for counterclaim and appeal issue if so what are the names od the documents and timing to file
Expert:  LegalKnowledge replied 1 year ago.

Your motion in opposition to their summary judgment should include facts and evidence to show why it should not be granted. If your appeal was denied as a result of you being in the hospital and failing to respond, that is a separate issue.

Expert:  LegalKnowledge replied 1 year ago.

Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.