Q: A mechanics lien has been filed on a property of ours, we disagree with the charges.
We had a vendor file a lien on our property after not completing a job. We received an invoice from an owner of this company, and it was incomplete in detail. We asked for another invoice more complete. We were told it was only a form error and that all work would be performed for the price that was quoted. We have this in writing in text format with the manager of this company who was our contact. Are we able to subpoena this manager to show up in court, and also will these texts be allowed in evidence as they are written record of our conversation and explain clearly the issue at hand? We have already offered to pay the amount due minus another vendor finishing the work. Or let them finish the work which they declined to do. They said they would simply see us in court.
A: You may subpoena the manager to show up in court. You can present the text messages in evidence. You may introduce anything into evidence that has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence."
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
