Hello, I will be assisting you
There is a possible typo in the question. Do you mean to ask, how do you answer an erronius summons you have been served?
what is the basis for the error?
What I mean is the summons is a suit for the sale of a business in which the buyer alleges "fraud". That the business did not generate a certain amount of money per year, which it does, did not net what we represented, which it did, etc
Thank you for the clarification.
The most important part is to properly answer the complaint and then to file any counterclaims. I cannot stress enough how important it is to answer the complaint in a timely manner. If not answered in a timely manner you will likely be in default which would end up in a default judgment against you regardless on the general lack of merit of the complaint.
You could answer the complaint yourself by denying all allegations contained in it, but realistically if the other side is represented by an attorney you will be outmaneuvered and outgunned and you could lose even if the claim is merit less therefore you should consider retaining an attorney. The good news is that if the buy/sell agreement you have discusses a potential breach and assign attorney fees to the prevailing party then you would be able collect the money you spent on your legal defense if your prevail.
Finally, generally unless the matter settles you each will answer each other claims', then under discovery you would have a chance to request documentation and take depositions that would prove your positions. Then you would be able to file a motion for summary judgment noting that a trial is not necessary because the facts are known and not in dispute. The court will then decide on this. If accept the case will be determined otherwise the case will go to trial. Your attorney may also submit a motion to dismiss along the way based on procedural default or based on certain provisions that may exist in the buy/sell agreement.
In conclusion, you have a limited time to answer the complaint and file counterclaims so please retain an attorney as soon as possible.
Thank you for allowing me to assist you
Please rate my service
without your rating I do not get compensated for my work
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).