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My son is looking for a small claims attorney in the Omaha,

Customer Question
My son is looking...

My son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to contact the contractor to have repairs completed. this is the second or third time that they have had issues with getting the contractor to come and do the repairs. there is damage to the interior of the home now since the snow melted and leaked thru. I am concerned that black mold may be developing and may affect my son who has asthma and my 3 granddaughters (9, 4, 3) and my daughter in laws health. What can they do.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NE

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

All the claims have been filed with the insurance company but no legal action has been taken yet. My son, Clarence, attempted to call the owner and talk to him and the owner started yelling at him.

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

No. I would like to have him connect to my son at(###) ###-####

Submitted: 5 months ago.Category: Legal
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Answered in 14 minutes by:
1/8/2018
Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,313
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

There are no lawyers allowed by plaintiffs in small claims court. See: Nebraska Revised Statute §25-2801. Small claims court is designed to be a people's court and the maximum amount of damages you can sue for is only $2700 or less. Attorneys charge $400 per hour, so you can see it is hardly even worth hiring an attorney because the costs would be more than he could recover. However, attorney's fees aside, the state law says you cannot use an attorney in small claims, your son has to represent himself in small claims.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 5 months ago
Well it wouldnt be small claims then our roof was 5000.00 to redo and now there is a leak for the second year in a row from the service company we used. I tried to contact them to have them come fix it again and then was lied to by the lady that does the scheduling to have them come out and repair it and then i contacted them again once i found out she lied to me and talked to the owner and he started to say no one lied and that he doesnt meed my attitude and itll get looked at whenever they have time. I cannot deal with it like that because it will continue to do damage to my house and will end up more then just a new roof, it already destroyed part of my ceiling aswell. So costs will be more then 2700 in total
Lawyer: Law Educator, Esq., Attorney replied 5 months ago

Thank you for your reply and clarification.

The problem he will have is very few attorneys take small value property cases because they cannot take them on a contingency fee, so it is likely going to cost him about $1500 in attorneys fees for such a small case. He can get a civil litigation attorney, as they all negotiate price, at the same sites used by other attorneys, http://www.hg.org or http://www.superlawyers.com

He will have to negotiate the fee with the attorney though, because the attorneys are all looking to cover their costs and expenses.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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