our business is being sued for less than $5000 for a backsplash tile installation we did. Customer tampered with install, then after 2 months, complained to us, after we tried to help, she filed several complaints with local and state agencies, and now has filed a lawsuit. she also has put false reveiws online and we have lost tremendous business due to it. we want to counter sue, and we need to fight her suit with us. Pre trial hearing is May 10, but I can handle that, need attorney to start our fight. We would like to counter sue for over 40k, due to loss of biz for the slander, and lies. We can prove.
We are not permitted to recommend attorneys on the Avvo website, but there are a number of excellent attorneys listed that can help with your situation, many of whom will make payment arrangements for such representation. One issue that will arise in the claim you wish to file is how you are able to prove the specific damage amount that you mentioned.
Best of luck to you.
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Find an attorney like today. Pretrial in 7 days and you can handle it? You're almost too late now to counter sue. Only an attorney could possibly pull you out of the fire now. Good luck, use Avvo to find an attorney in your area.
Having handled a good bit of such litigation, you want to get a lawyer involved on this immediately and there are several levels and financial considerations to be addressed. First and foremost, if you expect to file a counter claim of any sort you want to have this filed in proper fashion BEFORE the pre-trial conference in small claims court to avoid any claims of waiver if the claim is compulsory and will need to be transferred to circuit court for your counter claim. Also be aware that if your business is incorporated, you will be required to have legal counsel respond any way. Second, if you intend to prosecute a defamation claim, you will need to be aware that you may spend an inordinate amount of money seeking damages you may never actually recover. This is important to understand this as many businesses that retain us to prosecute such cases are also seeking non-monetary results such a vindications, retraction, apologies, etc, which are often more attainable than monetary damages.
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1. Counter suing may be more trouble that it is worth, but that is an analysis I could only make after reviewing your case, so bring it to an attorney.
2. FYI attorneys easily charge over $200/hr for this kind of work. $1,000 a week may be good enough for some but keep in mind how expensive all of this gets outside of your lawyers fees. Want to depose someone? There goes another $1,000. Want to counter sue? Break out $400 to file, then give the process server another $95. Now be prepared to pay $1000/week for a year or so.
Not so appealing when you see all the costs. Mediate it is a better option.
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