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JPEsq., Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 5106
Experience:  Experience as Criminal Defense Attorney and criminal law professor
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I am being sued in a VA small claims court for a rock that

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I am being sued in a VA small claims court for a rock that flew from a company truck. However, my company is newly started, and owns no trucks, or any assets of any kind. I have not yet conducted business. The individual got my name from public records as the register agent for the company. He also only used my name in the suit, and did not even reference the company. Could be a scam, or a very ignorant individual. What should I do?

You should respond to the lawsuit. That is all you can do... At this point, he has the burden of proving his case, you can't have it thrown for being ridiculous yet, he has to be given a chance to prove his case. You can respond with a motion to dismiss, or a general denial. After you win, and the judge sees that the case was completely frivolous, you will probably be able to get awarded legal fees and costs associated with defending the case.

But at this point, you have to actually respond to the case. It may be someone that goes around filing lawsuits and hoping no one responds... if it turns out to be the case, you could also file a counterclaim for abuse of process.

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