Skip to main content
Paul Alexander Custer

Paul Custer’s Answers

21 total

  • In an answer to a counterclaim( Lawsuit) , do I need to provide them with pictures proving completion or save to hearing?

    I know there are alot or rules and procedures. I filed a claim for breach of contract as I am the plaintiff contractor who did work on the Defendants home, I installed 6 rooms of marble(kitchens and bathrooms) the contract was for $34,000.00. He p...

    Paul’s Answer

    Without knowing the specific rules in FL, I will defer to a local attorney.

    However, it is likely that you do not need to produce the pictures at this stage as a required disclosure in responding to the counterclaim.

    The photos will probably be disclosed at some point in the future, so you don't necessarily have to hold on to them until a later date if they help your case. You can send a copy of the photos along with your answer to the counterclaim.

    See question 
  • Company did work on my mothers home, now the home belongs to me, im being sued for the work preformed but the company

    the company went bankrupt and they now only want half of hwat was owed... since they went bankrupt do i still have to pay? or should i have been discharged with the bankruptcy

    Paul’s Answer

    Based on the limited information, my immediate response is 1) any contract for work on the house was probably with your mother, not you, making you not liable for the money owed, and 2) if the company that did work on your house filed bankruptcy, that only discharges the debt the company owes to others, not the debt others owe to it.

    You should consult a local attorney if it looks like a suit may be filed against you. For now, it appears that the company is simply trying to collect its debt from you since you are responding to their calls.

    See question 
  • Am i required by law to give a deposition to an attorney for my former employer who i have filed for a hearing.

    i am requesting a hearing with workers comp commission and have no lawyer do i have to give a deposition to my former employers lawyer before the hearing date i live in sc

    Paul’s Answer

    More than likely the answer is yes. Because you initiated an action against your former employer, your former employer has the right to discover the facts upon which you base your claim. You should consult with an attorney about your claim to help you decide whether it has merit or not. Going this alone can be tricky.

    See question 
  • If movers scratch our floor and offer to fix it but the owners want to refinish the entire floor do we the sellers have to pay f

    The house is 5 years old with many other scratches from living there.

    Paul’s Answer

    It sounds like the floor was already in a condition that may have warranted a refinishing, even before the movers scratched it. The buyers were most likely aware of the condition of the floor before they purchased the home, and may be trying to take advantage of the situation.

    You will need to look to your sales agreement to determine what obligations you have, if any, to remedy any damages that were caused by (I presume) your movers. If the damage was caused by the buyers' movers, you should not have to pay anything.

    You will probably need an attorney to review your contract and discuss options available to you.

    See question 
  • When can I expect my security deposit return after my first year in the house since I paid double the security required?

    Signed a one year lease in Jan 2010, moved in Jan 10th. I had paid first month plus 2xs security deposit because of my credit. This deposit was all made in Dec 2010 to the management company. I'm just not sure when the one year is up in regards ...

    Paul’s Answer

    • Selected as best answer

    Sounds to me like half of your security deposit is long overdue. I would suggest making a written request to your landlord, citing whatever section in your lease discusses the deposit and see what happens. If no response, you may need to contact an attorney. It's never very easy going up against your landlord, especially when you are planning on staying in your place, but it sounds like you could probably use the deposit money (who couldn't?) so you should make an effort to recover it. Writing is always best. Keep a copy for your records.

    See question 
  • On dec 28 my husband was eating a candy bar and found a tooth in it is not his

    it was a krispy kit kat bar from hospital in las vegas while Ib was in surgery, have left message with hersheys with no return call

    Paul’s Answer

    Mr. Lassen is correct. You will need to prove some kind of injury from biting down on the stray tooth. If there is no injury, that is fortunate. However, if there was an injury, and you consulted with a dentist, you may be entitled to recover your medical bills and a little extra for the injury you sustained.

    You should maintain the foreign object (tooth) along with the wrapper of the candy bar and any receipt for the purchase. This will be necessary to prove your claim.

    See question 
  • Can i ask my co-defendent's lawyer whats going on in his case?

    my house was raided and they found components. we have different lawyers but we were told that we were going to be co-defendents through the whole case. I have been approved for drug court and and he pleaded not guilty. his lawyer told him she doe...

    Paul’s Answer

    I am not sure who "we" is in your question, but your co-defendant's lawyer is correct in refusing to talk with you. That attorney has a special relationship with her client that cannot be broken by the attorney. The attorney-client privilege is guarded with utmost care.

    However, generally you are not precluded from discussing the case with your co-defendant, so long as your co-defendant is willing to discuss it with you. You can double check with your attorney as this may change from state to state. You may have better luck finding out the status of your co-defendant's case by contacting your own attorney anyway - who can call your co-defendant's attorney and find out what's going on.

    See question 
  • Is it true that you cannot edit a deposition transcript?

    I thought an eratta sheet will be provided on the transcript of a depo and changes can be made on it?

    Paul’s Answer

    The law may be different in different states. In Pennsylvania, a witness may make any changes s/he feels are necessary - thus the purpose of the errata sheet. An explanation must be given with the change noted on the errata sheet. Some attorneys like to tell witnesses that only grammatical or spelling errors may be made on the errata sheet. This is not true in Pennsylvania. You should confirm the law in FL with a local attorney.

    See question 
  • Settlements

    Is it common for defense and plantiff attorney's to haggle over settlement amounts, fees, etc?

    Paul’s Answer

    The settlement process begins, oftentimes, long before a defense attorney even begins to handle a matter. Then, once a defense attorney does get involved, the attorneys may tend to size up the claim with an initial demand / offer. If the two attorneys are worlds apart in their evaluation of the claim (demand / offer), they will go down the road of litigation (pleadings, discovery, depositions, etc.), constantly readdressing the settlement issue.

    Settlement discussions can occur all the way up to trial, even after a jury has left to deliberate. Settlement discussions may even occur after a jury has come back with a number.

    Attorneys need to be accomplished negotiators since 98%+/- of cases filed eventually settle. Most attorneys will only see a small handful of trials in any given year.

    See question