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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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I live in NH, and have been summonsed to court to answer a

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I live in NH, and have been summonsed to court to answer a suit charging me personally with breach of contract and unjust enrichment. The first count states " In a plea of Assumpsit", ect. etc. My first question is what does ASSUMPSIT mean ? The plaintiff through his attorney has claimed that I entered into an agreement to subcontract construction services. There was no written contract, the workmanship was unacceptable,a disagreement ensued, the plaintiff began to damage the wood floor and was thrown off the job. Another carpenter was hired to repair the damaged areas and complete the work that the plaintiff did not finish. However I the defendant was working as the construction site supervisor in the employe of an incorporated consruction company. I understand I have no personal liability in this matter. I forwarned the attorney that he needed to do his homework with his client to dertermine who was the appropriate party that he should be pursueing. Never the less he still filed against me. I have a hearing scheduled for MERITS/MEDIATION. I'm very annoyed at this situation and the attorneys lack of due dilligence. Second question, can I just explain that I was an employee of the company at that time, therefore have no liability. Also claim that as an individual at this hearing, I am unable to discuss any of the specifics of the business I handled for the the company due to confidentially agreement I have with my employer?Can the mediator order me to answer any business related questions?
Submitted: 5 years ago.
Category: Business Law
Expert:  Lucy, Esq. replied 5 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

1. Assumpsit is just a fancy Latin way of saying that suit was filed.

2. You do have to file an Answer, which involves answering the allegations in the complaint. However, you are also allowed to list your defenses in the Answer, and that may include a statement that you are not the proper party to sue, and you are not personally liable.

3. The mediator won't be able to compel you to testify. If you end up in front of a judge, he will, if he determines that there is a good reason for doing so.

This is a public forum, but I can ask customer service to lock it so no one else can see it after we're done.
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