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Roger, Attorney
Category: Legal
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a NJ s-corporation and was working with a vendor for

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I have a NJ s-corporation and was working with a vendor for certain services. They have misrepresented a service and kept us billing 4 years incorrectly. Anyhow 2 years back, we owed then $30,000, and now I realized that they were billing us incorrectly, so basically we shouldn't owe them more than $8K. They've filed a compliant in NJ supreme court for debt collection. In complaint they have put my name instead of naming company as defendant. I need to answer to this compliant, but in first response, I want them to correctly address the compliant in name of company not personally myself. Is that make sense or should I start with a defense? I need help to draft the answer as well, I like to represent myself.

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

IF you did not personally guarantee the service - - and by that I mean that if you didn't sign something stating that you agreed to be personally liable for the debt owed for the service - - then you can file a motion to dismiss first and inform the court that you are not personally liable for the debt of the corporation and that the case should be dismissed.

You can file a motion to dismiss without filing an answer, or you can file one together. Usually, if you file a motion to dismiss and lose, the judge will then give you time to file an answer.

Bear with me and I'll try to find you a sample motion to dismiss.
Customer: replied 3 years ago.


I didn't sign any personal guarantee, I signed as a director for company. The service agreement has company legal name. They have put my name as primary defendant t/a DBA name, not even company legal name as used in the agreement.


I use a alternate name same as our website name along with legal company name. But in agreement, the DBA name was not even mentioned, it has only company legal name.




Ok. In that case, you can file a motion to dismiss and claim that you're not the proper party defendant. The state of NJ provides the following link and forms:

Customer: replied 3 years ago.

Do I have to attach, service agreement along with it? Which form do I need to fill out as the link you gave me?



Yes, you should attach a copy to prove your position.

Also, take a look at page 5 that tells you how to file the motion - - but form A is the one you use.
Customer: replied 3 years ago.

Ok, I got that, but I didn't get which option to choose on Form A:




Strike Answer for Failure to Answer Interrogatories


Dismiss Complaint for Failure to Answer Interrogatories

Customer: replied 3 years ago.

Also, do I still need to answer compliant or just file the motion.



SORRY - I gave you the wrong link.

Here's the motion form you need:

Pages 5-6 outline how to file the motion and accompanying documents.

Also, you don't have to file an answer if you file a motion to dismiss, but you can.
Customer: replied 3 years ago.

The agreement, I have with vendor is marked confidential, can I still attached with motion?



You should be able to because its the issue critical to your case. You may want to black out or redact any information that is confidential for the exhibit - such as social security numbers, rates, prices or other information that may be considered confidential.
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Hi - I was checking in to see if you have any additional questions. If so, please let me know and I'll be glad to respond. Thanks.