Legal Question in Construction Law in California

We are being sued by a Customer who owes us aroud $14,000.00 She is asking for $14,00.00 not including the money she already owes us. Our Bond company is on our side and Lawyer is on our side But we dont have the money to fight it anymore. What can we do? What if we walk away? The customer is Lying and the Bond company proved it. But the letigation will cost too much. We dont know what to do!


Asked on 2/13/12, 3:42 pm

1 Answer from Attorneys
Neal Rimer Neal M. Rimer, Esquire

You cannot walk away from a lawsuit. It seems that you are being sued and have a cross-complaint against the plaintiff. You can attempt to terminate the cross-complaint for the money due to you... but, that leaves the complaint against you to defend. If you do not defend it, then a judgment will be entered against you... and it sounds like it will be for $28,000.

If both the Bond company and your attorney are "on your side" do you or do they have any evidence to support your position? Being on your side is one thing.. having evidence is another.

If the Bond company "proved" the plaintiff is lying... perhaps you can go into a mediation and the mediator, with that same information, can assist in arriving at a settlement instead of continuing with the litigation. You might even get some money out of it.

Good luck.

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Answered on 2/13/12, 3:52 pm


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