What kind of lawyer do I need?

[DisneyLovingMama]

What kind of lawyer would help if I'm being sued for breach of contract by a contractor that did work on my old home nearly 2.5 years ago? The lawyer that was working on it was a real estate lawyer who also handled the closing of said house. He evidently did not do as I asked. I had agreed to a settlement (despite my belief that I owed this contractor nothing, but didn't want to incur the lawyer's costs of fighting the suit), but today I got served with papers suing for the total amount, nearly 10 times what I agreed to in settlement. Merry Christmas!

The lawyer I had been using is on vacation until after New Years, but I know that he is pretty much useless. So, what kind of lawyer do I look for now?

TIA!

 

[Rafiki Rafiki Rafiki]

I would still recommend a real estate lawyer because it could result in a lien against your property.

 

[DisneyLovingMama]

Thanks! Should the lawyer be in the state I live in or the state the suit was brought in?

 

[POB14]

I would still recommend a real estate lawyer because it could result in a lien against your property.

More specifically, get somebody who does real estate transaction litigation. Most real estate lawyers (the guys who handle closings and taxes and stuff) I know live in mortal fear of ever going to court on a contested matter. Get somebody who knows how to go to court.

And get a lawyer from the state where the property is. I'm guessing that's where the suit was brought, and that's what state's law will probably apply. State laws vary greatly.

(The opinion of a prosecutor, who knows absolutely zero about real estate!)

 

[punkin]

If it is a breach of contract action, you will nedd a general litigator. Real Estate attorneys do not like going to court. You need an attorney in the state where the action was brought. If you are out of state, how were you served? There may not even be any jurisdiction. If you no longer own the house in question, there can be no mechanic's lien on it (and none on your new house either). There are so many things to consider...If you have a lousy lawyer, get another one.

 

[DisneyLovingMama]

I got the papers via certified mail, but the cover letters says that they are serving me via certified mail.

I will get a new lawyer. He was okay for the closing, but then this came up and I just figured he could handle it. But, I was wrong.

How quickly from the time you're served will a judgment be rendered? Do I have until after the new year to deal with this? I'm at least an hour and a half away from the state and county where my old home was. So, finding a lawyer and getting to court is going to be inconvenient, to say the least. Plus, the kids don't have school next week.

I also have to figure out what to do about my soon to be ex. He was also named. I'd like to put this behind me until after the holidays. Is that a bad move?

 

[NCRedding]

You need to get an attorney who is licensed in the state in which the suit was brought. You need an attorney that is a litigation person, not a real estate attorney. A litigation attorney should be knowledgeable about statue of limitations, service and jurisdiction in these matters. Good luck.

 

[punkin]

The time you have to file an answer will vary from state to state. Also, since you were served out of state, you may have extra time to answer. I suggest you get a lawyer as soon as possible and let her handle the timing issues. Certified mail is probably good service, but may not be (again depends on state) also may depend if you personally signed for it. I will reiterate, you need a lawyer. Any answers you get on the internet are going to be too general to be useful.

 

[POB14]

How quickly from the time you're served will a judgment be rendered? Do I have until after the new year to deal with this?

There should be a date somewhere in the materials (a summons, perhaps?) giving you a date to respond by. Around here it would probably be 30 days from service. Don't delay; get to a lawyer ASAP so he or she has time to deal with it.

ETA: Yeah, what Punkin said.

 

[sweet angel]

You're not going to be able to hire a new attorney until you fire the current one. The attorneys will have to file a Substitution of Attorney form with the Court, which you can't do if your attorney is on vacation.