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How can I find a Lawyer to Defend me in a small claims cour t over a $6100.00 alleged Debt

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Location: Pensacola  |  Law type: civil litigation & trial law attorneys
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Roofing contractor paid $12909.29 for roof repair without a proper Contract as required under Fla Statues xxx-111  52073.

He agreed to Insurance adjusters quote of $12229.90 as total with a payment of 8365.50 THE ACV upon clients approval of Job.

Client purchased Cashiers cheque in this amount and hand delivered it to the company office on or about Jan 8 2021.

Contactor then filed final invoice with  Insurance with a Completion Statement included and received balance of $3864.40 as agreed.

He then spent some time to create a list of other things he claimed he had done and wanted an additional $6100.00 from the insurance co. They completely denied his claim. He now claims they sent us the $6100.00 and we kept it. Denied by Insurance Co and Us, so now he has sued us claiming we got the Money and kept it. Easily denied by Insurance Co they never issued a payment.

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Legal Solution

The response provided below is specific to civil litigation & trial law attorneys in the jurisdiction of Pensacola. If the response is inadequate, please submit a detailed inquiry.

Disputed Additional Charges in Roofing Contract Dispute

When you initially embarked on this roofing project, you expected a clear and transparent process, grounded on the principles of fairness and integrity. Instead, you've found yourself entrenched in a dispute regarding additional charges, which the contractor insists were rightfully due, even though there's significant evidence indicating otherwise. With the sum of money in question being quite substantial, seeking legal counsel becomes paramount.

Relevant Statutes and Resources

  • Fla Statutes xxx-111 52073: For details regarding proper contract requirements.
  • Florida's Government Official Website: While the exact statute is not specified, you may want to navigate the official state website to access pertinent laws and regulations.

Potential Solutions to the Issue

  1. Evidence Presentation: The most straightforward approach involves presenting all the evidence you have – such as the contractor's agreement to the insurance adjuster's quote and the subsequent payments made – to demonstrate the lack of any outstanding debt.
  2. Mediation: Before resorting to litigation, consider arbitration and mediation attorneys. They specialize in resolving disputes outside of court, potentially saving both time and money.
  3. Civil Litigation: Should the dispute not be resolved through evidence presentation or mediation, your final recourse may be to find the right lawyer specializing in civil litigation & trial law. They can defend your interests in court.

Average Legal Fees in Pensacola

Service Average Cost
Initial Consultation $150 to $300
Mediation Services $1,000 to $2,500
Representation in Small Claims Court $2,500 to $5,500
Detailed Contract Review $500 to $1,000

Note: These prices are indicative and can vary based on the complexity of the case and the lawyer's experience. Some attorneys might also offer services on a contingency basis or have specific pricing structures based on the nature of the case.

Seeking Further Clarification

It's essential to get a clear understanding of all the facts. If you haven't already, consider discussing your situation in detail with legal professionals who can provide insights tailored to your situation. Don't hesitate to ask a free legal question to get a clearer perspective.

Relevant Questions for Your Situation

  1. Proof of Payment: Do you have evidence (e.g., bank statements, receipts) of all the payments made to the contractor?
  2. Communication Records: Are there any written communications (emails, text messages) between you and the contractor regarding the additional charges?
  3. Witnesses: Were there any third-party witnesses present during your discussions about the project's costs, especially concerning the disputed additional charges?

Q1: What legal actions can a contractor take if they believe they haven't been fully compensated?

Contractors can file a claim in small claims court or potentially place a lien on the property. It's crucial to consult with legal professionals to understand your rights and potential counter-actions.

Q2: How can I verify the payments made by my insurance company to the contractor?

You can request a statement or payment record from your insurance company. They should provide a detailed breakdown of all payments made on your behalf.

Q3: Can a contractor charge more than what was initially quoted without informing the client?

Generally, any changes to the initial agreement, especially ones that result in increased charges, should be communicated and agreed upon by both parties. However, specific terms might be outlined in the contract, so reviewing it is vital.

Q4: How long does a typical small claims court process take?

Depending on the jurisdiction and the complexity of the case, a small claims court process can take anywhere from a few months to over a year.

Q5: Can I counter-sue the contractor for defamation or the stress caused by this issue?

While possible, counter-suing requires substantial evidence that the contractor knowingly made false claims or caused undue distress. Discussing the specifics with a lawyer can provide clarity on this approach.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "How can I find a Lawyer to Defend me in a small claims cour t over a $6100.00 alleged Debt" has been changed 7 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Pensacola & area of law: civil litigation & trial law attorneys.
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