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I am being sued by a company for expenses and need to know…

Customer Question
I am being sued...

I am being sued by a company for expenses and need to know how to go about it

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Has anything been filed or reported?

I just got an email that they are coming out with a post of the blast.com

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

All of the expenses they are suing me for aren’t personal use

Submitted: 5 months ago.Category: Legal
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Answered in 1 minute by:
11/21/2017
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,277
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 5 months ago
No problem
Customer reply replied 5 months ago
I’d rather message than speak on the phone
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Hi, I see your latest response. Bear with me a moment while I review…

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Customer reply replied 5 months ago
Ok
Customer reply replied 5 months ago
Are you still reviewing?
Lawyer: Legal Eagle, Lawyer replied 5 months ago

yes, I'm a slow typer. Just one moment...

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Customer reply replied 5 months ago
No problem!
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for your patience on this. I had a chance to review, but I'm not sure what specific questions you had regarding this. What specific questions did you have for me?

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Customer reply replied 5 months ago
Is it legal for a post to come out about this lawsuit? Without my concent? I am in the midst of getting legal aide to pay back the company but all of what they are suing me for isn’t all for personal use. Trying to see what is best I do here...
Lawyer: Legal Eagle, Lawyer replied 5 months ago

I'm sorry to hear about your situation. This sounds like a case of defamation.

Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

In your case, if they post that they are suing you, then it won't be defamation because a lawsuit is public record. However, if they say anything about your personal character and it leads to a job loss or a loss of income or a general loss of esteem in your community, then you may be able to sue.

You may want to consider just writing a cease and desist letter advising them that you may initiate a counterclaim for defamation. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today?

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Customer reply replied 5 months ago
How do i go about the lawsuit? Should i get a lawyer? Are payment plans available? Also this was a company authorized card that my manager approved my expenses
Lawyer: Legal Eagle, Lawyer replied 5 months ago

To go about the lawsuit, you'd have to file a complaint in a county where the party does business. You may want to do some research on some cases regarding defamation in your state by doing a quick Google search. After filing and paying the fee to file (check with the clerk to find out the price), then you'll need someone who is over 18 years old and not a party to the case to deliver a copy of the lawsuit to them. You can go to www.thumbtack.com to find someone who can do it for a small fee if you don't know anyone. After that, the judge will set up court dates that you'll have to attend so just watch the calendar.

As far as your issue that you're being sued for, you can definitely settle with them if you don't want to go through the entire litigation process. But it's up to them whether they'd like to settle or not. You can always go to trial and defend yourself though. What other questions did you have for me today?

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