Thank you for using JustAnswer!Are you being sued in civil court right now?
No. This attorney has filed a counterclaim in a deposition requesting that 2 people be added for fraudulent activities. This has not been accepted or denied by the judge. I think a court date has been put on calendar in April. In the meantime, the attorney has requested a deposition with me.
Oops I said that all wrong
Care to try again?
This is a declaratory judgment case between Jack and Jill. Jack submitted a "release" signed by Jack and Jill with a motion to dismiss the dj. Jill changes her mind and denies signing this release and Jill's attorney comes up with a theory that suzie q and billy bob and jack forged jill's signature and so on and so on. Jack's attorney informs Jack that since Jill is now denying that she signed this release, the judge will not grant the motion to dismiss simply because both parties do not agree and advises jack to withdraw the motion - - im almost done
Jack withdraws the motion. Jill's attorney wants a deposition with Suzie Q, Jack, and Billy Bob. I forgot to add in that Jill attorney files an answer to the motion to dismiss that was withdrawn asking the judge to add parties to the case for fraudulent activities and ask for a jury trial...da.da.da Truth is, Suzie Q had nothing to do with ANY of this nor was she aware of the details of this case until she was informed by Jack's attorney that Jill's attorney wants to depose her. Suzie Q is Jack's girlfriend.
At this time, since you're not a party, there is no legal basis to sue for legal fees or lost wages.
If you are later added as a party and the claims against you are dismissed, you can go back and file a motion for attorney fees/cost for having to defend against a frivolous lawsuit.
Ok so I dont HAVE to talk to this attorney?
You can go to a deposition alone or you can bring an attorney with you -- it's totally your personal choice.
Thank you. Can he depose me before a judge has decided to add me and Billy Bob as a party?
Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!
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).