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ralphy20 · Sep 10, 2009, 09:26 PM

I'm a general contractor been sued by a homeower who claims that she paid 55K to fix her house and that nothing have been done since Jan. 2007. Now, neither my company or me performed any work at her house, nor I have ever received any monies from her, nor she has ever called me once. However, My brother did get into a verbal contract with her and he did work at her house, and he claims she owes him 4k. MY brother have had work for me before at some of my jobs as a sub-contractor. I think the homeowner pulled me into this because I'm a establish company, my brother is just a person who performs work without and he doesn't owned anything. (he's poor). What should I do to get out of this mess? (besides getting a lawyer)Does she has a chance to win this case against me even though she didn't contract, pay or ever call me once?

twinkiedooter · Sep 11, 2009, 08:34 AM

If she filed in Small Claims court then you would not need an attorney to defend your company against a lawsuit. But seeing that the suit could be about $55,000 then you definitely would need an attorney to defend your company as no Judge would allow you to defend your company yourself and would require legal representation.

The woman must prove that she paid you the $55,000. Did her complaint have such proof attached as an Exhibit? Did she spell out exactly what date, what sort of work was to be performed by your company, etc?

Why did she wait almost 2 years to sue you?

ballengerb1 · Sep 11, 2009, 08:52 AM

What are the chances your brother said or implied that he was part of your company?

ralphy20 · Sep 13, 2009, 09:16 PM

Sorry, I took so long! I'm in the state of Louisiana. All contractors must be licensed to performed work over 7.5K. I'm licensed and my brother isnot. I supposed MY brother did implied he's part of my company. They were more than friends and very unorganized. At one time I almost work for them at a project, and I provided my bro. with copy of my licensed and insurance. I'm sure she has this copies. I'm an LLC. being me the only manager. HOwever, about three years ago I put my bro in my insurance when we did a job together. He has had performed work for her before he did her house, and he always got paid by her. Same with this house in question. She also claims a civil conspiracy. My only hope is to proof she never called me nor paid me a dime. How do you think this is going to end?/