QUESTION
What attorney is needed to sue a winterizing company?
Asked on Mar 22nd, 2013 on Criminal Law - New York
More details to this question:
We are doing a short sale on our house and we have moved out, so the bank hired a company to come winterize the property and take pictures. At this point we still have access to our house to finish cleaning everything out. Well the guy who came to winterize the property dumped a huge amount of garbage, he finally came forward and came back to pick it up. But prior to him cleaning it back up another guy came to take pictures and he had went through everything in the house to see what there was. After all the garbage was cleaned up we went back to the house to clean out more of our stuff and found over $1,200 worth of our belongings missing. The only people to have access were the people from that company and us. There are no signs of a break in so it had to be someone that had access. Cops are involved and are doing their part but what can we do on our end to this company who when notified did not even care that this had happened?
10 ANSWERS
Michael J. Breczinski
Yes you may be able to sue them for the missing goods. This will depend on all the facts of the matter if you win though.
Answered on Mar 25th, 2013 at 9:30 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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You need to hire an attorney. The bank has the primary right to sue the winterizing contractor, since the bank hired him. You also probably have the right to sue him as a third party beneficiary of that contract.
Answered on Mar 25th, 2013 at 4:38 PM
Ronald A. Steinberg
Claim against your own insurance and let them sue.
Answered on Mar 25th, 2013 at 4:38 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Beats me. If you can prove who caused the problem, sue them for the damage, but don't guess at it. You wont get very far in court guessing at who or what caused your loss
Answered on Mar 25th, 2013 at 4:37 PM
You need to hire an attorney that practices civil trial work.
Answered on Mar 25th, 2013 at 2:21 AM
Lisa Hurtado McDonnell
The easy way to get reimbursement is to file a claim for theft from your insurance company if the property was still insured. You can also file a claim with the bank but if they don't accept liability you will have to prove they are responsible. Then your would have to hire an attorney has experience with insurance or collection experience.
Answered on Mar 25th, 2013 at 2:10 AM
If you believe you can prove someone from the company took your belongings, you should take the company to small claims court.
Answered on Mar 25th, 2013 at 1:22 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Sue them in Small Claims Court on your own without a lawyer as lawyers may not practice in Small Claims Court. However, a corporation, if sued there, has the option of having the case removed to District Court and then lawyers can be used by either side. It is unlikely you will be able to find a lawyer to economically handle a $1,200 case. You can ask your local Bar Association for a referral to a lawyer and/or find one on the web. If you have limited income, perhaps a Legal Aid Society can help you? You can ask the "problem solvers" of local TV stations to go to bat for you.
Answered on Mar 25th, 2013 at 1:14 AM
I suggest that you send a demand letter by certified mail and follow the rules for small claims court at the Justice Court website.
Answered on Mar 24th, 2013 at 10:15 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If you are doing a short sale, you may not have insurance on the property. If you do have insurance, file a claim with them and let them deal with the winterizing company. If not, you don't have insurance, take them to small claims court. You don't need a lawyer for this.
Answered on Mar 24th, 2013 at 10:03 PM