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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116780
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a case in supreme court for a faulty repair that was

Customer Question

I have a case in supreme court for a faulty repair that was done on my commercial tractor. I cannot afford an attorney and the shop refuses to take responsibility despite me have proof from the manufacture stating the work was improperly done. My pretrail has been rescheduled to next week. I want to file a withdrawl to file back in small claims court at another time.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: this is state of Georgia, Dekalb count and not employment; I have my own motor carrier company and owned a tractor power unit. This is a negligent repair situation where the shop did not do the work properly which caused damage to the engine where the only feasible repair is to replace the entire engine.
JA: Has anything been filed or reported?
Customer: yes in small claims court but the judge transferred it to superior because the damages I was claiming was higher than the courts limits; Then when I had a pre-trail cause I found out that I need a attorney to represent the company side. I consulted with one but they wanted $5000 retainer just to start. I am a small business staff of one and barely keeping afloat after this situation. I don't have $5,000 to keep on an attorney balance.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
As long as you are within the statute of limitations, which in GA 4 years for property damage and 6 years for breach of contract/warranty, you can file a motion to voluntarily withdraw the case in superior court WITHOUT prejudice. Send a copy of the motion to the other party.
You can then refile if you want with damages under the small claims court limit, but that would be all you could get is the small claims limit and cannot later seek more damages.
Customer: replied 10 months ago.
Can I withdrawal my claim and refile in superior court with a different claim like breach of contract/warranty and property damage. I would have to do this as individual because I need an attorney for loss of income due to not being able to use the tractor. Can you refer legal assistance?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
If you owned the tractor personally and not your company, then you could file to voluntarily withdraw the case without prejudice by the company and then file a new suit personally. We cannot make personal referrals to local attorneys, the best we can do is suggest the same sites used by other attorneys, or
Attorneys all negotiate their fees so you need to call several and try to negotiate payment with them for their fees. You could try to negotiate a lower retainer fee and offer them a percentage of whatever they win in court for you in the case.