My husband did a job for a friend of the family that had water damage to the house, he went over the problem but they said all was well so he did his work ,well a few years later they had problems, so they took legal action and are suing him, they want him to do the job again except he won't because this will be an ongoing problem with the water damage and they refuse to sign some kind of waiver or contract saying he is not responsible for the problems. They have a lot of money and hate to spend any of it so they are being very unreasonable. So my husband offered to give them their money back which was $3600.00 for the job, well they declined and are now suing him for $19,000. We just can not pay that money we have six kids a house payment, car payment and bills so it's just out of our means, so my question is, if he files bankruptcy will he still have to pay them there money? We are not bad people he just chose a bad job and we don't know what to do. Our family is going to suffer if we don't get some kind of answer, we have no money for an attorney so we are lost, hope you can provide us with some advice Thank You.

Hello iks:

Hold on, Young Lady. Relax. Being sued is a long way from having to pay anything.

In the first place, maybe two years is beyond the statute of limitations in your jurisdiction. That would stop them in their tracks. Next, if your husband did good work, he should defend himself. Have him tell the judge exactly what you told us.

Of course, it's easy to say now, but he should have had a written contract from the beginning. If he had, it would have covered him from this liability. But, never fear. Just tell the truth, and if the judge believes he did good work, those people will lose.

excon

First does your court allow 19,000 in small claims, that is way over the limit for our small claims court ( thus the name small claim) are you sure this is not in regular court ?

But in small claims you merely go in and tell the truth, most judges use common sense.