Hi,

I have a home in Tn. That is for sale due to job relo. It sustained damage from a water leak upstairs. A repairman was contacted. Ins co paid me a check. Repairman failed to complete job in the first week. Gave him another week. Failed again. Work done was horrible. Pic's avail. Had already paid (1,500.) to him for labor/supplies. Had to go down and do the repairs with someone else. Did the job in 4 days. Now the repairman wants the additional money I got from the Ins co. (2,500.). I actually fired this guy and told him to stay off the property. He cost me time and money. Now he's served a civil warrant for me to appear in court. Neither one of us signed an agreement. The only document is an email from him showing the costs. I submitted that document to the Ins. co. They paid on it to me. My pic's of the house (before and after) clearly show the damage done to the house and the shabby job he did in two weeks time. I have witnesses who saw the damage and the shabby job he did.

Where do you think I stand on this situation legally? Should I get an attorney and let him/her represent me in court since I live out of state or should I represent myself? If I get an attorney, how much do they charge?

I would represent myself first.

If there is no signed agreement with this repairman,and you can show payment for services to this point,and show the limited work he did and the finished job, then you can do this without any lawyers,BUT,if he has any legal help, get a continuance and get your own legal assistance.

Keep the other money paid from the insurance company for the "court time" the additional work you had to do, and for future lawyer fees,if necessary.

Maybe come up with a percentage of how much he did,verses how much you had to do to fix his work.

Just a few ideas for you, good luck,

KBC

You will need the other service person to come in and testify that it was not done correctly,

Did the city building inspector inspect it and do you have a statement from him it was not done correctly.

And of course you don't settle with an insurance company till it is completed, just in case there is additional costs and damages.

But in fact if the cost of hiring someone else cost you more than the original price given, you may have a counter suit against them for additional money paid because of their poor work.