have already tried to sue...

[pacesttr]

I hired an attorney in 2006 to sue a contractor who refused to return (or negotiate a partial return) a $5,000. deposit + approx $700. in materials when it became apparent that his work was sub-par, and was fired. The attorney sent a demand letter, was given all of my documentation, and after MONTHS of trying to reach the attorney for news on my case, I learned the attorney was disbarred. Can I still sue the contractor (initial demand letter was sent at least 2 years ago...the contractor has been very clever in moving around and being hard to find!), since so much time has passed? The attorney's letter was never served - I am guessing I need to issue a new demand letter?

I am still within the statute of limitations, as the "work" was done in spring '06.

pacesttr

 

[Michael Wechsler]

You should try to sue and let the contractor claim statute of limitations expiration. You may also be able to counter that the statute has tolled, assuming it had even expired. With regard to the demand letter, I'd just file and not worry about the demand letter. File your case - just my humble opinion. Good luck.