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How to go about defending a lawsuit on your own?

E

etalns

Diamond Member
My dad had a lawsuit filed against him earlier this week, and basically the charges are completely false. He consulted a lawyer and they wanted to take a quarter of the amount he would be sued for if they win, which is far too much.

I was wondering what a good way of going about defending charges would be? Basically we just need to find out information about the statue of limitations etc, becuase we believe the statue of limitations would prevent their lawsuit from being filed.
 
It's alleging $29,999.06 in unpaid bills for construction material. They allege that the money is owed as a result of April 2004, however, it actually occurred in 1998. What is the statue of limitations in contract law? I was under the impression it was 3 years, if we can prove that the supplies they are alleging he didn't pay for were delivered in 1998, and the money was owed then, would the case be tossed out?

This is a Canadian case by the way.

Also, in 1998 they said that if he paid $5,000 and continued buying from them they wouldn't sue him. He bought from them since then and just stopped buying from them recently and then they launched the lawsuit, he was thinking of countersuing for extortion in the amount of $100k, mainly as a scare tactic.
 
Originally posted by: Qosis
My dad had a lawsuit filed against him earlier this week, and basically the charges are completely false. He consulted a lawyer and they wanted to take a quarter of the amount he would be sued for if they win, which is far too much.

I was wondering what a good way of going about defending charges would be? Basically we just need to find out information about the statue of limitations etc, becuase we believe the statue of limitations would prevent their lawsuit from being filed.
Click to expand...

Talk to a different lawyer. I wouldn't try to do this without a lawyer.
 
Its 4 years in california. That, and that is a pretty big amount to do by yourself if you're asking these kind of questions. Find a different laywer.

Edit: Did i he pay the 5k? Do you have this in writing? Sounds like your dad is a crook if he really didn't pay the 20+k.
 
Originally posted by: Qosis
My dad had a lawsuit filed against him earlier this week, and basically the charges are completely false. He consulted a lawyer and they wanted to take a quarter of the amount he would be sued for if they win, which is far too much.

I was wondering what a good way of going about defending charges would be? Basically we just need to find out information about the statue of limitations etc, becuase we believe the statue of limitations would prevent their lawsuit from being filed.
Click to expand...

In Texas, that answer is located in our Civil Practice and Remedies Code. Things are going to be different in your province.

The best advice I can give you is to call a lawyer... most of us give free or low-cost consultations. Representing yourself, no matter how meritorious your case is, is hazardous.

Please don't go it alone. Hire a lawyer.
 
Originally posted by: Qosis
It's alleging $29,999.06 in unpaid bills for construction material. They allege that the money is owed as a result of April 2004, however, it actually occurred in 1998. What is the statue of limitations in contract law? I was under the impression it was 3 years, if we can prove that the supplies they are alleging he didn't pay for were delivered in 1998, and the money was owed then, would the case be tossed out?

This is a Canadian case by the way.

Also, in 1998 they said that if he paid $5,000 and continued buying from them they wouldn't sue him. He bought from them since then and just stopped buying from them recently and then they launched the lawsuit, he was thinking of countersuing for extortion in the amount of $100k, mainly as a scare tactic.
Click to expand...

After reading that, you are really kidding yourself if you don't think that you need a lawyer.
 
Originally posted by: KLin
Originally posted by: Qosis
My dad had a lawsuit filed against him earlier this week, and basically the charges are completely false. He consulted a lawyer and they wanted to take a quarter of the amount he would be sued for if they win, which is far too much.

I was wondering what a good way of going about defending charges would be? Basically we just need to find out information about the statue of limitations etc, becuase we believe the statue of limitations would prevent their lawsuit from being filed.
Click to expand...

Talk to a different lawyer. I wouldn't try to do this without a lawyer.
Click to expand...

The charges are completely false, we'd be looking at quite a bit of money even to just have a lawyer defend us in the case. If the statute of limitations isn't actually 3 years, then we may reconsider.
 
Originally posted by: Kelvrick
Its 4 years in california. That, and that is a pretty big amount to do by yourself if you're asking these kind of questions. Find a different laywer.

Edit: Did i he pay the 5k? Do you have this in writing? Sounds like your dad is a crook if he really didn't pay the 20+k.
Click to expand...

The way it works is that when a building is made, the suppliers get paid after. But in the contracts it stipulates that if the company that commissions the work doesn't pay my dads company, the supplier won't get paid. The building company went bankrupt, and my dad still paid them $5k, even though he didn't have to.

He has all of this in writing.
 
"He who represents himself has a fool for a client."

I suggest that you get a lawyer. .25 is actually less than the standard rate of 1/3.
 
Don't hang your hat on the statute of limitations saving you - there are ways around that defense. You might think the lawsuit is completely false, but aren't you are a bit jaded being one of the parties? You are dealing with a good chunk of change - play it safe and consult with another lawyer. If someone came to me with a case like you described I would never recommend they go it on their own. You don't have a clue as to what is involved.
 
Originally posted by: Qosis
It's alleging $29,999.06 in unpaid bills for construction material. They allege that the money is owed as a result of April 2004, however, it actually occurred in 1998. What is the statue of limitations in contract law? I was under the impression it was 3 years, if we can prove that the supplies they are alleging he didn't pay for were delivered in 1998, and the money was owed then, would the case be tossed out?

This is a Canadian case by the way.

Also, in 1998 they said that if he paid $5,000 and continued buying from them they wouldn't sue him. He bought from them since then and just stopped buying from them recently and then they launched the lawsuit, he was thinking of countersuing for extortion in the amount of $100k, mainly as a scare tactic.
Click to expand...

Dunno about canada, but that constituted a counter offer by them which he accepted if he began payment. They can't have their cake and eat it too. If it was in writing, great makes your life easy, if it was verbal it is still an express contract but might be harder to prove if it is he said she said, but I'm not a lawyer and don't know Canadian law. I'd still get a lawyer if I were you, it sucks, but beats losing all 29grand
 
talk to other lawyers, see if you can somehow recuperate your legal fees if you win.

but yea, don't go in without a lawyer.
 
Defending yourself without a lawyer in court is like asking for legal advice on a public internet forum.
 
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