What should I do next?

[JBH9457]

What is the name of your state? NJ

My business, myself and my wife have been sued by a particular party claiming that my business unjustifiably kept his deposit (8,000) for services never rendered through my business. Obviously I disagree and feel as though I am justified. Anyway, I received the complaint about three months ago and returned my answers completely along with the fee to the courts as well the plaintiff's attorney. Obviously I feel as though I have a very strong case.

In the paperwork I answered all the questions and also listed that my wife has ZERO to do with any business dealings and her name is NOT associated with anything to do with the LLC whether as an officer, employee, etc. Her full time occupation is a housewife. Plain and simple.

Several weeks went by and I was contacted by the plaintiff's attorney to contact his office. When I did, he claimed he mistakenly received documents from the courthouse which was supposed to be sent to me. I asked for him to forward the documents to me which he then claimed was not his responsibility and I should take it up with the courts. When I contacted the court they had no clue what I was talking about. I contacted the Plaintiff's lawyer and he sent me a nasty EMAIL calling me a crook and claiming he forwarded it already in the mail and if I didn't receive it �too bad�. I asked the manner in which it was sent for verification purposes and he did not respond.

The other day I received an information subpoena for myself AND my wife. While I have no reason not to fill out the paperwork and while the plaintiff's attorney may have reason to sue ME (although I feel I am right), how the heck can he sue my wife? Even after I already contacted him and the courts that she should absolutely not be a part of any legal action.

I have to send them back to the attorney tomorrow to stay in compliance with the law and want to include a letter stating that she was unjustifiably brought into this lawsuit and ....

My fear is that if not resolved, one day someone is going to show up at her house and try to seize her property (car, household items, etc.).

How should I proceed?

Thank you.

 

[JBH9457]

Another point to mention is that the ONLY way the attorney could of associated my wife is to perform a public records search. I find it unethical that a attorney would use this tactic to bring someone in to this matter when they had nothing to do with the case in the slightest bit. Perhaps the fact that our home is in her name purchased prior to our wedding has something to do with it?

Again, thank you!

 

[Ohiogal]

Another point to mention is that the ONLY way the attorney could of associated my wife is to perform a public records search. I find it unethical that a attorney would use this tactic to bring someone in to this matter when they had nothing to do with the case in the slightest bit. Perhaps the fact that our home is in her name purchased prior to our wedding has something to do with it?

Again, thank you!

So how much property is in YOUR name? The house? Is your business a sole proprietorship? An LLC? A corporation? When were the cars purchased? Do you drive the car? Do you have a bank account? Is there a marital bank account?

It is NOT unethical. You cannot speak to the fact that your wife has nothing to do with it. SHE needs to defend herself.

Sounds like you need an attorney.

 

[JBH9457]

Thank you for responding.

She did answer the original complaint sting that she has nothing to do with the LLC or anything else for that matter of fact. She knows nothing of this matter.

House and her car are in her name only and financed. I do drive her car on the rare occasion to the grocery, church, etc., but no more than that. Most of the contents in our home belong to my mother in law. Bank accounts are joint except for business banking (LLC) which she is not even an authorized user. My car is in my name and is leased. Again, I must state (as she did) that there is nothing attaching her to anything business related. NOTHING.

I understand why they would want me to defend myself, but why her?

If she must retain a lawyer and spend thousands, can she go after the attorney and the plaintiff for unjustifiably bringing her into the suit?

Also, should she send a letter along with the info subpoena explaining her involvement again?

Thank you.

 

[Ohiogal]

Thank you for responding.

She did answer the original complaint sting that she has nothing to do with the LLC or anything else for that matter of fact. She knows nothing of this matter.

House and her car are in her name only and financed. I do drive her car on the rare occasion to the grocery, church, etc., but no more than that. Most of the contents in our home belong to my mother in law. Bank accounts are joint except for business banking (LLC) which she is not even an authorized user. My car is in my name and is leased. Again, I must state (as she did) that there is nothing attaching her to anything business related. NOTHING.

I understand why they would want me to defend myself, but why her?

If she must retain a lawyer and spend thousands, can she go after the attorney and the plaintiff for unjustifiably bringing her into the suit?

Also, should she send a letter along with the info subpoena explaining her involvement again?

Thank you.

If she is a housewife, how is she paying for the house and car?You really need an attorney because I can see a couple legal theories that might be being used by the Plaintiff's attorney to bring your wife into the suit. A letter is NOT going to cut it. She needs to properly file a motion to quash the subpoena -- she needs counsel as well.

 

[JBH9457]

Thank you.

She receives a monthly check from her deceased Father's trust which is used for HER obligations. That is why the house is in her name only as well as her car.

Unfortunetly, I must send the info to the the other attorney no later than tomorrow morning. We have just gotten back from vacation and this was on the kitchen table. My nephew was taking care of our cats while we were out of town.

Should I note that she will be seeking counsel? I understand that if I attempt to delay matters by not sending the requested paperwork I could be in serious trouble.

I guess it is true, you can sue anybody for anything. I love and respect our legal system, but it seems as though something is flawed here.

 

[Ohiogal]

Thank you.

She receives a monthly check from her deceased Father's trust which is used for HER obligations. That is why the house is in her name only as well as her car.

Unfortunetly, I must send the info to the the other attorney no later than tomorrow morning. We have just gotten back from vacation and this was on the kitchen table. My nephew was taking care of our cats while we were out of town.

Should I note that she will be seeking counsel? I understand that if I attempt to delay matters by not sending the requested paperwork I could be in serious trouble.

I guess it is true, you can sue anybody for anything. I love and respect our legal system, but it seems as though something is flawed here.

YOU can NOT NOTE anything. Unless you are an attorney YOU cannot state anything in defense of your wife. Truthfully legally you cannot represent your business in court. You are treading very close to unauthorized practice of law.

 

[JBH9457]

Completely understand your point. I was NOT going to write anything on her behalf. It would come directly from her so I really do not understand the "unathorized practice of law" comment.

We have already contacted our attorney however he will not be in until Tuesday and the info subpena has to be sent out tomorrow at the latest.

Is there anything SHE should include along with the subpena?

Please forgive my ignorance on the subject matter.

Thanks

 

[swalsh411]

You're not going to get the other party off her back with a letter. You need an attorney. This is beyond the scope of what (mostly) non-lawyer internet volunteers can help you with.

 

[Willlyjo]

If she is a housewife, how is she paying for the house and car?You really need an attorney because I can see a couple legal theories that might be being used by the Plaintiff's attorney to bring your wife into the suit. A letter is NOT going to cut it. She needs to properly file a motion to quash the subpoena -- she needs counsel as well.

Why go through the added expense to quash a subpoena? If the wife is not involved like the Op believes, then she should accommodate the Plaintiff's attorney and provide the resources or lack of resources they're looking for. The bottom line is the wife is either going to be added as a Defendant or she isn't. If the situation is like the Op says, she won't be and if the OP is unaware of some legal liability he must own up to, it might very well involve his wife as well, because as a spouse, her assetts could come into play in the event the OP gets a judgement against him.