He submit a small claim at county court. What should i do. He also calling me if i can pay him something out side of the court so he wont sue me. Please save me from the beast.......need very wise advice. Just for FAX..............
2007-02-08 12:32:33 · 15 answers · asked by zahir a 1 in Politics & Government ➔ Law & Ethics
Post your question on www.expertlaw.com. click on 'Law Forum' Some attorney or a professional will get back to you within an hour or so, maybe minutes. not just some random person like this place.
2007-02-08 12:41:21 · answer #1 · answered by RSB 2 · 1⤊ 2⤋
In small claims the most he can hope for is a judgement & that's the worst thing you face. Judgements are only good for a certain amount of time. You could be garnished or have a lean placed on any real property that you may have but that's about it. I wouldn't give him any cash since he already is sueing you. In my opinion you wouldn't even have to show up in court. If you don't they will just rule in his favor & take the actions I stated above. I don't think you need a lawyer for small claims court unless you have money you want to spend on that. Hope this helps. You probably should go to court though in your own defense to the charges.
2007-02-08 12:46:47 · answer #2 · answered by Anonymous · 0⤊ 1⤋
he's asking you to pay him out of court or settle out of court? Asking for pymt. is extortion. You NEED to get an attorney and countersue.
What is his grounds for a lawsuit? Did you just fax him 1 item, only one time? That does not sound like grounds for a lawsuit. So unless there is some law where you are against faxing, something isn't adding up. Of you are giving all the info. then he's up to something shady. It definitely wouldn't be the first time this scam has been pulled. They threaten you with something that isn't really going to happen, in an attempt to extort money from you. Con men do this all the time.
2007-02-08 12:42:09 · answer #3 · answered by Chrissy 7 · 0⤊ 1⤋
there is a law against sending junk faxes. you're not supposed to send faxes to anyone that you don't already have a business relationship with. especially a lawyer!
However...
have you actually SEEN a court complaint from this guy? sounds like he wants to shake you down, but I wonder if maybe he's bluffing about going to court--assuming you only faxed him once, the damages would be like, 12 cents. If you have been served with official court documents, you might want to get a lawyer to represent you. (does your business have liability insurance? if so, speak to the insurance company) If you have not seen any actual documents, I would wait him out a bit.
2007-02-08 12:44:52 · answer #4 · answered by njyogibear 7 · 0⤊ 1⤋
The grounds on which he is suing you would certainly help, but I'm guessing it's a frivolous lawsuit that will get thrown out. Unfortunately, you should probably have another attorney review the circumstances and confirm that for you, and that may cost you - perhaps just as much as whatever the attorney suing is seeking in the suit against you.
2007-02-08 12:41:47 · answer #5 · answered by nyboxers73 3 · 0⤊ 1⤋
Were you FAX spamming? If so, that is illegal, and you deserve to be sued. Small claims court is only $2,500, plus his court costs. Get ready to pay up.
And a lot of the advice above is bogus. You do not take a lawyer to small claims court. It is a court that exists specifically for speedy, small claims, without a lot of process and procedure and no lawyers.
2007-02-08 12:39:29 · answer #6 · answered by Lisa A 7 · 1⤊ 3⤋
What he is attempting to do sounds like extortion. Get some other legal advice - he is trying to take advantage of you. Or else just go to court and let the judge decide, don't let him bully you though.
2007-02-08 12:38:40 · answer #7 · answered by PD 2 · 1⤊ 1⤋
Seek an Attorney
2007-02-08 13:37:35 · answer #8 · answered by glamour04111 7 · 0⤊ 2⤋
I'm not sure but be thankful for the country we live in. so great to live in a place where u can sue for anything. Man just get a lawyer and sue his a-s-s for eveything his worth
2007-02-08 12:41:19 · answer #9 · answered by enano 3 · 0⤊ 2⤋
Get a lawyer
2007-02-08 12:36:25 · answer #10 · answered by Anonymous · 1⤊ 1⤋