Unfortunately we live in a society where anyone can be sued by anyone. They may not have a chance of winning but they can sue you anyway.
Our Peachtree City mediator can help with your lawsuits!
Once you get over the initial shock of being sued, there are a few things you need to take care of:
- If you are confused and don’t know why you are being sued then contact the plaintiff. Their contact information should be on the documents you were served with. If you are lucky you may be able to resolve the problem without going to court.
- Go to court. Even if you think it is all one big mistake, you still need to show up. If you don’t the court can:
- Decide the case without you. This is never a good idea because the judge may take your absence as disrespect or even an admission of guilt.
- Make a default judgment against you without ever actually hearing the case.
- Give the judgment creditor the legal right to take your property or money to pay the judgment
- Find out if the right person was named in the lawsuit. For instance, if they are going after the corporation and you are only an employee then you will want to go to court and explain that to the judge.
- Find out if the claim was filed in the right court. A case has to be filed in the proper venue and that can be any of the following:
- Where the defendant lives or where their business is located
- Where the plaintiff was injured
- Where the contract was signed, created or performed
- Where the plaintiff’s property was damaged
- Where the lessee or buyer signed the contract
If you find that the claim was not filed in the right court then you have a few options. You can:
- Wave your right to challenge the location then just show up at court like normal.
- Challenge the location. If you win, the case will be dismissed without prejudice but if the plaintiff wins then court will be held at the location like normal.
- Ask the court to change the location. If you write a letter to the judge and he doesn’t agree with you, he will postpone the court date for 15 days and send you a new court date. If he does agree with you then the case will be dismissed without prejudice.
Having a mediator or Peachtree city lawyer on your side could help you come out on top when being sued. Call our attorneys today to schedule an appointment and take on this lawsuit with confidence.