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View Full Version : Ever have to go to court over an estimate?


Mike33
10-14-2008, 10:19 PM
Got home from work today, checked messages and had an attorney leave a message to call him. I returned call and he asked about an estimate from 1.5 year ago concerning someone ripped out a few ties and messed this giuys mulch up. I really forgot because i didn't get the job. I am now susp. to go to court this thursday and testify i looked at job and wrote this estimate. I asked him you mean i go out and write a free estimate and now will loose 1/2 day of work. His responce you have to go and if money is awarded they should get me to do the job. Has anyone ever been in this situation? I can't hardly go to work for 1.5 hour, drive home, shower and dress properly, go to court, return home and go back to work with out loosing 1/2 or better of day.
Mike

1cooltreeguy
10-14-2008, 10:23 PM
Yep - Just do it and build your reputation and pick up some new clients...SELL, SELL, SELL

DVS Hardscaper
10-14-2008, 11:03 PM
First of all - you DO NOT have to show up for court unless you receive a letter from THE COURT stating that you MUST appear. If the court did not subpeona(sp) you - you don't have to go. If you don't believe me, call the local court house and ask :)

If the attorney really wants to win the case - they would not make you go to court for a property that you really don't remember the specifics and key points.

I would offer them a written statement, which I believe must be notorized. Written statements are used frequently in MD courts.

It would not be in the attorney's best interest to have you as a witness because if the other party's attorney cross examines you, you more than likely won't remember and know the answer, and thats what they want.

Mike33
10-14-2008, 11:21 PM
He the plantiffs att. has the susp. and going to give it to me tomm. That didn't really make sence because normally we get them served by the sherriffs dept.
Mike

DVS Hardscaper
10-14-2008, 11:45 PM
You can be served by the sheriff's office but that cost more money.

So the other option is for them to serve you and there are a few stipulations that go along with that. Usually they are supposed to bring it to you, not have you come pick it up.

Mike Leary
10-15-2008, 03:32 PM
That is a crock, you want to hire me to be a expert witness?, fine, pay me for my time.

DVS Hardscaper
10-15-2008, 07:16 PM
Mike Leary is correct. They're using you.

Mike33
10-15-2008, 07:55 PM
no sh*t
mike

DVS Hardscaper
10-15-2008, 08:02 PM
Wel Mike, you could always get on the stand and everytime anyone asks you a question you can respond with "I can't recall", or "I'm not sure".

Mike33
10-16-2008, 12:30 PM
Up Date: Atttorney served me yesterday and of course i said i would show. He said it starts at 9:30 show up at 10:30 is when he needs me. I toold him does your client realize how much inconvience this is to me, he said yes. So this morning 10:00 am i am walking to my vechice dressed for court and guess who calls. Att. says case is now going to be continued judge opened up case and seen he knew 1 of the parties. I told him the first 2 weeks of Dec. which is deer season i will not be around and you won't find me.
Mike

DUSTYCEDAR
10-16-2008, 12:35 PM
What fun..........

NewHorizon's Land
10-16-2008, 12:59 PM
That really sucks

JimmyStew
10-16-2008, 03:44 PM
"I have no recollection of that conversation...."

Mike Leary
10-16-2008, 04:17 PM
"I have not been paid for my expert testimony, yet".

Mike33
10-16-2008, 07:30 PM
I agree with all posts made.
mike