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What if someone is threating to sue you from out of state…

What if someone is...

What if someone is threating to sue you from out of state and and we are not the person to sign the contract, not was the person that signed the contract authorized to?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in Utah ... they are in California

Lawyer's Assistant: What steps have you taken so far?

They told us to pay or they will sue us using an arbatrator

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

That is in the contract that they other guy signed

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Answered in 5 minutes by:
4/3/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,633
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

.

Give me just a moment to review what you've written.

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First of all, they can't sue you using an arbitrator. The whole point of an arbitrator is to be OUT of court.

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Customer reply replied 4 months ago
we are in utah ... they are in california
Customer reply replied 4 months ago
I cant afford the live phone call

Second of all, if you are in Utah and have no connection with the state of California they wouldn't be able to establish that the CA court has jurisdiction over the case.

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You can ignore the call request... that comes automatically from the site.

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Customer reply replied 4 months ago
the erson that signed the agreement for our LLC is in california ... but he was not hired by us (we were thinking of hiring him but we never got to a point where we had a contract
Customer reply replied 4 months ago
the contract was signed for work that was to be done on the 15th of december and the contract was signed and dated on the 18th of december

So then he had no authorization to sign on your behalf.

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And that's what you'd inform the court if you were sued - or the arbitrator if you were out of court.

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Customer reply replied 4 months ago
nope ... in fact when the NDA was signed it was signed by my wife who owns the LLC ... because he was not allowed to sign ... any documents ... he knew that

That's very strange that he would just sign an agreement on behalf of your company! But since that's what happened you'd need to state that.

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Customer reply replied 4 months ago
ok ... then I should not worry about it ... and just explain that to the arbratator when they serve us papers?
Customer reply replied 4 months ago
are you still there?

I wouldn't say you "should not worry about it" since that implies that it's not a big deal. Any time someone wants to sue you or take you to court/arbitration it IS a big deal - but if you have the evidence to support YOUR case that is hugely helpful! Is there anything else I can answer for you?

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I type a bit slower than you ;-)

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,633
Experience: Partner at Kent Law Group, LLC
Verified
Olivia Kent and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
no ... thank you ...

It was my pleasure. Thanks so much for your rating!

And, just for future reference if you need anything in the future and you want to reach me directly you can do so by going to: https://www.justanswer.com/law/expert-droliviak-jd-md/?rpt=3800 or by putting "This Question Is For Olivia" before you start typing your question in a new question thread.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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