What to do if our roofing company has filed a suit against us stating that we owe them money?

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What to do if our roofing company has filed a suit against us stating that we owe them money?

The check was issued 7/12. The filing was issued 8/14. The contractor never came by to pick up the check but once. It wasn’t in when he came by. Next thing we knew there were business mailing from attorneys in our mailbox. We mailed the check to the business on 8/22 (certified mail) and it was delivered on 8/23. The company is upset that we listed a bad review of them. We were told that if I take the review down, we would not have to go to court. Is this a frivolous/malicious lawsuit?

Asked on September 9, 2013 under Business Law, Georgia

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

If they filed the lawsuit before they received your payment, then it is not a frivolous or malicious lawsuit. Since you have already paid them, the worst that is likely to happen in the lawsuit is that you will be ordered to pay their court costs (their filing fee and the cost of having the court papers served on you) and perhaps a late fee. They can trade that with you in exchange for you taking down your bad review.

(I am assuming they are just suing for the payment, not for defamation or slander.) 


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