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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37045
Experience:  30 years in Employment law
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Im getting sued by my former trucking company that i worked

Customer Question

Im getting sued by my former trucking company that i worked for as individual contractor. I started my own trucking company with my partners. They are suing because they had a former employee that is a dispatcher that offered us truck loads but we to our company there employe that offered us loads does this as his side job. Yet we didnt know he used there computers too communicate with us. We did not steal any of there loads nor we have any intentions too.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ray replied 7 months ago.
Hi and welcome to JA. Ray here to help you today. Here you would need to file an answer and argue that you have no liability here.The dispatcher did not tell you where they were getting information from and there was no intent on your part to take their business secrets.Often these cases end up with you agreeing to cease and desist and not do it any more.You don't necessarily agree to any liability or wrongdoing. If you do not have a lawyer why not try to resolve this prior to suit, call them and try to resolve.Settlement negotiations in Texas are not admissible and are confidential between the parties.This would also let you see what all they have and whether they are amenable to resolving it here.Never hurts to talk to them and try to avoid a lawsuit if you can.This is what a lawyer would try to do, you can talk to them if you are not represented. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 7 months ago.
Texas law on trade secrets http://www.kslaw.com/imageserver/kspublic/library/publication/ca102313.pdf This is likely what they are suing you under here in Texas.
Customer: replied 7 months ago.
Rightnow they want me to sign agreeing to waive service of process they want an awnser by may 2nd
Expert:  Ray replied 7 months ago.
You don't want to waive service here, gives you more time an make them spend the money.Really they must think you are stupid here.No need to waive this might give you another couple of weeks.
Expert:  Ray replied 7 months ago.
Answer forms make sure you answer here once served and consider a lawyer here. http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/FF31AD8A-CA4D-4642-9E8B-744A405D7835/answer_civil_final.pdf
Expert:  Ray replied 7 months ago.
Lawyer referral through our state bar $20 you get 1/2 hour with local lawyer to go over this and fee quote too. https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
Expert:  Ray replied 7 months ago.
Counting from the day you were served, you have 20 days plus until the following Monday, at 10 a.m. to file your Answer. Count all the calendar days including weekends and holidays. If you do not file it by the deadline, the petitioner may try to get a default judgment against you. Absolutely don't waive your right to service no need to help these guys.