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RayAnswers, Attorney
Category: Business Law
Satisfied Customers: 41023
Experience:  I have 30 years as a business lawyer in Texas
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I am being sued for an amount due on a promissory note. We

Customer Question

I am being sued for an amount due on a promissory note. We did design services for labels to that company, but the invoice was never sent. The design services were performed up until October of 2012. The invoice was created in December of 2012. The promissory note was due for payment on January 2014. They are suing for payment of the unpaid promissory note. Can I offer the invoice for design the labels as payment?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Maryland
JA: Has anything been officially filed? If so, what?
Customer: They have filed suit in District Court for the unpaid amount plus intest and attoney's cost.
JA: Anything else you want the lawyer to know before I connect you?
Customer: There was a serious breach in our confidentiality agreement with them. They also, it appears, intended to steal the product we had contracted with them to distribute. They invited a principal in our company to a meeting where a proposal was offered to create a new company offering this principal a share of ownership and to produce our products without doing business with our company.
Submitted: 9 months ago.
Category: Business Law
Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 9 months ago.

You would want to respond here and contest the matters.Here is step by step and forms.

http://www.mdlab.org/wp-content/uploads/MLA-IfImSued.pdf

Expert:  RayAnswers replied 9 months ago.

Rules

RULE 3-307. NOTICE OF INTENTION TO DEFEND

Currentness

(a) To Be Filed With Court--When Service Not Required. The defendant, including a counter-defendant, cross-defendant, and third-party defendant, shall file with the court a notice of intention to defend which may include any explanation or ground of defense. When the defendant is represented by an attorney, the notice shall be served in accordance with Rule 1-321. A defendant not represented by an attorney need not serve the notice on any party.

(b) Time for Filing.

(1) Generally. Except as provided by subsection (b)(2) of this Rule, the notice shall be filed within 15 days after service of the complaint, counterclaim, cross-claim, or third-party claim.

(2) Exceptions. A defendant shall file the notice within 60 days after being served if the defendant is:

(A) served outside of the State;

(B) a person who is required by statute of this State to have a resident agent and who is served by service upon the State Department of Assessments and Taxation, the Insurance Commissioner, or some other agency of the State authorized by statute to receive process; or

(C) the United States or an officer or agency of the United States served pursuant to Rule 3-124 (m) or (n).

(c) Identity of Attorney. If the defendant is represented by an attorney, the notice shall contain the attorney's name, office address and telephone number.

(d) Notice to Parties. When the defendant files a notice pursuant to this Rule, the clerk promptly shall mail notice of the filing to other parties.

(e) Effect of Failure to File Notice. If a defendant fails to file a timely notice of intention to defend pursuant to this Rule, the court, on the date set for trial, may determine liability and assess damages based on ex parte proof by the plaintiff, unless the defendant appears and the court is satisfied that the defendant may have a defense to the claim. In that event, the court shall proceed with trial or, upon request of the plaintiff, may grant a continuance for a time sufficient to allow the plaintiff to prepare for trial on the merits.

Expert:  RayAnswers replied 9 months ago.

Your options under the rules

In District Court cases, a defendant must respond in the following ways in order to have his or her day in Court:

  • File a Notice of Intention to Defend: The defendant must file this within 15 days of receiving the summons. The Notice is on the bottom half of the summons. Once the defendant has responded, the Court will send the plaintiff a copy of this notice.
  • File a Counterclaim, Cross-claim, or a Third-Party Complaint. Generally, a counterclaim or cross-claim must be filed within 10 days of the deadline for filing the Notice of Intention to Defend. A third-party claim must be filed any time before 10 days before trial.
    • A counterclaim is when the defendant sues the plaintiff.
    • A cross-claim can occur only when there is more than one plaintiff or more than one defendant in the suit. A cross-claim is filed by one party against a co-party on the same side of the original case (i.e. defendant1 vs defendant 2).
    • A third-party complaint occurs when a defendant files suit against yet another party because of the plaintiff’s original claim. In filing these types of claims, the defendant would follow the same procedures as the plaintiff originally when they filed their complaint.
  • You may have a counter claim if they did not complete the work here or it was not done correctly to the terms of the contract.
Expert:  RayAnswers replied 9 months ago.

If you just want to do a notice of intent to defend you find it at bottom of papers you were served.Complete it and file it with the court here to dispute the suit and a counter claim if you want to sue them too.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 9 months ago.

Here is sample notice of intent to defend, you need to modify it to your case names, etc..

https://www.millerandzois.com/files/sample-district-court-answer.pdf

Sign it and file it, there is a fee here to dispute the suit.

Thanks again.

If you can positive rate 5 stars when we are done it is always much appreciated.

Expert:  RayAnswers replied 9 months ago.

Self help and rules to file your counter claim

https://www.peoples-law.org/option-5-file-counter-claim

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