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Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 1765
Experience:  Experienced lawyer
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I received a summons in which I am named as a Defendant. However,

Customer Question

I received a summons in which I am named as a Defendant. However, I do not have a contract with this person at all. The person is suing a business in which I do work for as a contractor (I'm not an employee and their agreement is with a company in which I have zero ownership in). What should I do?
Submitted: 2 years ago.
Category: Business Law
Expert:  MDLaw replied 2 years ago.
Hello and thank you for using the Just Answer website. I look forward to assisting you. What is the lawsuit alleging? In other words, what are they suing the business for and is your name mentioned anywhere in the Complaint?
Customer: replied 2 years ago.
My name is ***** ***** a Defendant. They are suing for Breach of Contract, Negligence, Violation of South Carolina Unfair Trade Practices Act, Negligent Misrepresentation, and Conversion related to a website and search engine optimization services sold by a company that farms their work out to me.
Expert:  MDLaw replied 2 years ago.
Thank you for the additional information. Are you listed as Defendant on all of the claims or just some of them. If just some, which ones?
Customer: replied 2 years ago.
Listed as a defendant on all of them.
Expert:  MDLaw replied 2 years ago.
Thank you. With respect to the breach of contract claim, you are correct that you cannot be sued on a contract if you were not a party to the contract and had no contractual relationship with the Plaintiff. However, with the other claims, depending on what is alleged, the claims might have to go through the litigation process which means you will likely need an attorney.The first thing that you want to do is make a note on your calendar as to what the deadline is for you to file a response to the Complaint. If you do not file a response and ignore it (as a lot of people unfortunately do), the Plaintiff can get a default judgment against you. Therefore, you definitely want to file an Answer or a Motion to Dismiss. This might require you hiring an attorney. I would highly recommend hiring an attorney. Depending on what they are alleging you and the company did and depending on what kind of relationship you have with your co-Defendant, you may want to notify the company that you worked for just to let them know that you received the Complaint. They may be able to suggest an attorney for you.
Expert:  MDLaw replied 2 years ago.
To summarize, you asked what you need to do. You need to make note of the deadline to file a response so that you do not miss the deadline and get a default judgment against you and you need to consult with an attorney to fight the lawsuit. Depending on your relationship with your co-Defendant, you may also want to contact them. Please let me know if this has answered your question.