I'm Being Sued. Anyone have any legal tips/pointers?

[bigbutnottoo]

So I found out someone is trying to serve a summons on me. It is legit. So basically I want to try to settle out of court w/o an attorney ( attorney would cost more than the full amount of lawsuit. I am surprised they sued at all considering their legal fees would probably be higher than what they collect).

But, here is the interesting part ( at least to me) and I wonder if I can get it thrown out on jurisdiction:

The summons was served at an address where I do not live, and the lawsuit is being filed by an out of state plaintiff in a district court in county where I do not currently, nor have ever lived. For the lawsuit, they are using my uncle's address. I do not know how they got it or how they made that determination, as I have never lived there. I live about 100 miles away. In fact, I have been in contact with the plaintiff as recently as last summer and have always used the same address (where I have lived for 15 years) for the last 7 years dealing with them.

So any thoughts ? ( specifically on the juridiction and then settlement attempt).

 

[mirlin1960]

It would matter if the suit was for small claims or not. I am not a lawyer but the vast amount of suits are filed wrongly by citizens as well as lawyers not willing to research the information given to them by clienst looking to get a few fast bucks.

If it's small claims then you need to be served, noticed and brought your local court. If it is personal (larger than 3k), then you need to be served and noticed at your home or place of business and signed for mail counts. The proceedings would have to be in a larger municipal court since the local courts don't usually handle those.

Goog luck!!

 

[Super]

Get a lawyer!

 

[Spektrum]

Depends on how much you're being sued for. Lawyer fees can be killer, ranging from 300 to over 2,000 depending on the case.

If you're pretty sure they're going to win, and its under $1,000, i wouldn't even worry about the lawyer.

If its for barely anything and it's far away, I'm pretty sure they'll have court in your absense.

I've never been sued, but been charged in criminal court before. Had to deal with the lawyers, judge, and da. Not a fun experience. Good luck!

 

[crazyed27]

Originally posted by bigbutnottoo




So any thoughts ? ( specifically on the juridiction and then settlement attempt).

Call the court clerk and find out if the plantiff has a lawyer. If they do get the lawyers name and number. Call the lawyer (you'll get the secretary) ask to speak to the lawyer, tell them who you are and why you are calling, and guess what if your getting sued for breech of contract you'll end up paying the court costs and the lawyers fees!!!! Only make a deal if your good for whatever it is they are suing you for!!!! If you not good for it fight it bro!!!!

 

[wants9]

There are many legal "self-help" offices around, some even provided for by various state governments. I'd look into that if you end up defending yourself. They should be in the law section(s) of the phone book.

Also, as a general rule, the guy with the most paper wins.

 

[Girthius]

First off, I find it very strange also that your uncle would receive the summons for you, when in fact they know that you don't live there! Technically your Uncle could just return to sender, saying that you have never lived at that address! But this will not keep you from being sued, as they will get another summons with the correct address, and go after you again. If this pertains to business, you might as well try to to settle out of court, and negotiate a price that is fair!The reason I say settle out of court is that by going to court, you get a judgment against yourself (provided your a small business/or self employed) you will have a tough time in opening new credit accounts etc. You may be able to set down and write a very professional/legal sounding letter showing that you really do want to settle this, and explain your situation, and offer a token payment, with a payment plan that would not financially cripple you.The original letter should be notarized, and sent to them recorded delivery!If then you were still taken to court you could perhaps show the judge that you have attempted to resolve this, by making payments, that fit your situation, this would be in evidence by a copy of the notarized letter that you originally sent. This would also show the judge that you are making efforts in trying to sort it out! By not doing nothing you will appear that you are trying to evade payment, which will not amuse a judge!Also the plaintiffs lawyer, may advise them not to go to court, if you start trying to make some payments to them before court action, as this will piss off a judge as well! You should have all data that would back up your financial situation.This may help you or it may not, but it all depends on why your going to court! If you need more info, ask! Hope this helps!!

Girthius


Also if you do make a small payment, make sure it is a cheque or money order, as these are good sources for your personal records.Any cheques etc., should be accompanied by a standard DATED! letter with what payments have been made, and what is owed after that particular installment! And always make copies!!!!!

 

[bigbutnottoo]

I called the summons people and they have to transfer it because it is out of their jurisdiction. he said it will probably be delayed about a week. So hopefully then I will actually see what the complaint is and who the attorney is.

I have already tried to make payment arrangements before and am still attempting to make a lump settlement. I dont plan to go to trial, but if I do; I will present evidence to judge.