Legal Question in Business Law in North Carolina
Bad Paint Job Company sues for more ...
July 2004 we had our house painted for an agreed upon amount detailed in a written estimate. According to the painter, the original estimate was verbally enhanced with additional work and unforeseen work due to poor weather etc. The painter left us an invoice for over $1K more than the original. Not only did we disagree with that, but, we weren't satisfied with the work performed. In good faith, we paid the original and provided a punchlist of two pages worth of work needing to be reaccomplished. The painter replied a year later by having us summoned to appear in small claims court seeking the $1K. We decided to counter sue for the poor work and, after three different painting companies estimates to repair, have an amount at about $2K. We submitted the paper work to have the painter (works out of his house) summoned but he has moved and he won't tell us his current address. His lawyer won't return phone calls. The question is: how do I get my counter suit notice served when I can't get his current address and the lawyer won't return phone calls? What actions do we have available? Any suggestions on this situation would greatly be appreciated. Note: The post office won't provide me a forwarding address.
1 Answer from Attorneys
Re: Bad Paint Job Company sues for more ...
You can attempt to prosecute your counter-claim, but representing yourself is always perilous. To answer your question presented, if you want to serve a counter-claim on the painter (plaintiff), then you can simply serve it on his lawyer; i.e. you do not need to find and serve him personally. And you can simply send it regular mail. Either side can appeal the small claims ruling.
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