If someone files a frivolous lawsuit does the defendant have to pay any remaining balance

Asked about 1 year ago - Buffalo, NY

had a verbal agreement to have work done paid partial cash payment now contractor is claiming i owe he much more than agreed on

Attorney answers (3)

  1. Gaetano Parrinello

    Contributor Level 12

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    Answered . The contractor will have to prove the terms of the contract, including the agreed upon price. Otherwise the contractor might be able to recover only the "reasonable value of the services rendered" which he can prove by testimony of an expert.

    The author of this posting is a lawyer licensed to practice law in the State of New York. He specializes in... more
  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . Filing a lawsuit does not release the amount owed.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Richard J. Chertock

    Pro

    Contributor Level 17

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    Answered . Whether a lawsuit is frivolous or not will be determined by the trial court. As to the amount owed the contractor will have to prove the terms of the agreement or the fair value of the work done by expert testimony in order to collect.

    This e-mail may contain confidential or privileged information. If you are not the intended recipient, please... more

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