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Category: Business Law
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Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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I wrote a Contract with an Un incorporated business with a

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I wrote a Contract with an Un incorporated business with a guy and hired an attorney to file a law suit to collect the debt that he ows for our services.He inturn hiired an attorney and said that the contract that i wrote with a company is associated with an address that is associated with one other business and that particular business has no contract with my company, also that business is closed is before writing the contract with our company.How can we win the judgement ?We are in GA that guy who cheated lives NJ.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


But this other "guy" executed the agreement - signed the contract - correct?

Where did you get that address to use company name to use within the contract - from that "guy"?
Customer: replied 1 year ago.

Yes He did .DE .

Expert:  Law Pro replied 1 year ago.
Then did you also make a claim against him for fraud and misrepresentation?
Customer: replied 1 year ago.

Yes we did ,for that he answered that he is not associated with that business and the address associated with that contract is associated with other business and we don't have any contract with that business(Technically his wife is associated with the other business he is talking about and she made one payment using her personal check for our services.

Expert:  Law Pro replied 1 year ago.
This is is all a fraudulent hoax that he's claiming.

Where are you suing him - in NJ?

What was the contract about and what services or products did you provide?

Do you have legal representation?

How much does he owe you?
Customer: replied 1 year ago.

I hired an Attorney in Ga in my county,we were provided services ,yes i did hire an lawyer and filed a case against him for that guy hired an attorney in Ga ,that attorney gave the answers to our Claim saying that ours are false claims and the guy i wrote with contract with is not associated with that business and the address associated with that contract is associated with other business and we don't have any contract with that business(Technically his wife is associated with the other business he is talking about and she made one payment using her personal check for our services.

Expert:  Law Pro replied 1 year ago.
Then dispute that and take their depositions.

They are defending the action in GA - correct?
Customer: replied 1 year ago.

Yes .

Expert:  Law Pro replied 1 year ago.
How much are you suing for?
Customer: replied 1 year ago.

11000+Interest+attorney fee ......... i really would like to for more for the way he did waste my valuable time .

Expert:  Law Pro replied 1 year ago.
Then you have him - dispute his allegations and start discovery - requesting production of documents and take their depositions.

Clearly this guy is a fraud and if you take his deposition he has to come down to GA.

I would harass this guy and cost him a fortune litigating the matter.

If his wife was involved - I would amend the complaint and add her as an additional defendant and make her come down to GA for her deposition.


Where is this "guy's" attorney from - GA?
Customer: replied 1 year ago.

Yes,he hired an attorney in GA.All he is saying is that he has no connection with this matter and it looks like he saying his wife's dissolved company is associated with that address i provided on the contract but that business has no contract with my compnay.He dissolved the company in June and he did write a contract with me in NOV.


i forgot to tell you he did not even mention full name on the contract ,he only mentioned half of his name.


 


This guy brought to us through his friend and that friend also was in em conversations related to this matter but he is contact with my husband.

Expert:  Law Pro replied 1 year ago.
Did you sue the wife too?
Customer: replied 1 year ago.

Yes.Our Included both of them in the law suit.

Expert:  Law Pro replied 1 year ago.
Great!!

They are scamming you - the facts and circumstances obviously favor you. They have been attempting to scam you in actuality.

Clearly you are not used to litigation. But he's breached the contract and was fraudulent with you.

Has your attorney started discovery yet - sent them interrogatories and requests for production of documents and noticed them to take their depositions yet?
Customer: replied 1 year ago.

My attorney is going to do start the Discovery tomorrow to produce the documents that support their claim.But just wanted to know what happens after here ,i mean how can they support their side and how long it takes and are there any chances that we fail being genuine ?

Expert:  Law Pro replied 1 year ago.
I think you will be successful. I think that after your attorney starts discovery they (the defendants) will realize that they are going to lose and attempt settlement with you IF they have any monies.

That they don't have monies is always a risk.

But that you claimed fraud - fraudulent debts are NOT dischargerable in bankruptcy.

These defendants are a scam and sham.

It's clear that they are going to lose but litigation like this can take awhile. Although there are never any guarantees - it would appear obvious that they were fraudulent and have been caught.


They can say or defend saying anything - that doesn't make it true or correct. There are many people (these being some of them) who lie continuously.


But their lies catch up with them and the facts will show they did lie and did make misrepresentations to you - completely being intentionally fraudulent.

Now your best course of action is to let your attorney start and perform discovery and make it as expensive and time consuming for them as possible. They will beg you to settle because next they will be discharging their attorney because they can't afford to pay him either.

So just believe in your attorney and go through discovery. Sometimes these things take a year or more.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

You did a great job for me.I have one question regarding their money, if she is not able to pay or not working can they say she is unable to pay. Also since he is also included ,if he is working ,is he responsible for pay .I do agree with you it might take time but lets charge them for what it takes, i want them punished.but once we get the judgement in favor do we need to go to Nj to collect the money /what if he moves to a different location if he changes the address.?

Expert:  Law Pro replied 1 year ago.
Thanks!

Yes, you would and could pursue them wherever they resided.


Under the Uniform Enforcement Of Foreign Judgments Act of the State of New Jersey, (Sec.2A:49A-25, et seq.) ,a judgment, decree, or order of a court of the United States or of any other court is entitled to full faith and credit in this State. A judgment creditor who wishes to enforce a foreign judgment may file file with the Clerk of the Superior Court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. The affidavit shall further set forth whether the time to appeal the foreign judgment has expired and whether the court of origin has granted a stay of execution. In addition, in the case of a judgment entered by default, the affidavit shall so state and shall set forth the expiration date under the rules of the court of origin for vacating the default. (Sec. 2A:49A-28.) Notice of the filing of the foreign judgment is required to be mailed to the judgment debtor at the address given by the Clerk and the judgment creditor. No execution or other process for enforcement of a foreign judgment filed under this act may be issue until 14 days after the date the judgment is filed. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a Superior Court of this State and may be enforced in the same manner. (Sec. 2A:49A-27.)


All states adhere and comply with the
Uniform Enforcement Of Foreign Judgments Act.

So, no matter where they went you could pursue them.


Since you filed suit against both of them - you can recover against them individually or jointly for the entire amount of the judgment (him or her or him and her).



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24795
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
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