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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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how do I answer an erronius sum 100 i have been served? S

Customer Question

how do I answer an erronius sum 100 i have been served?
Scott
Submitted: 3 years ago.
Category: Business Law
Expert:  BizIPEsq. replied 3 years ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

There is a possible typo in the question. Do you mean to ask, how do you answer an erronius summons you have been served?

BizIPEsq. :

what is the basis for the error?

JACUSTOMER-yke10r3r- :

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

BizIPEsq. :

Thank you for the clarification.

BizIPEsq. :

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.

BizIPEsq. :

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.

BizIPEsq. :

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.

BizIPEsq. :

In conclusion, you have a limited time to answer the complaint and file counterclaims so please retain an attorney as soon as possible.

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

Please rate my service

BizIPEsq. :

without your rating I do not get compensated for my work

Expert:  BizIPEsq. replied 3 years ago.
As a kind reminder please rate my service posaitively. Even though you paid to JA, without your rating I do not get paid. Thank you in advance.