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yourmoney
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What is the name of your state? Kentucky
Delaware party sued me in Federal court. Contract orally negotiated in Dec 1996 via phone and email. I have emails with plaintiff admitting to our oral contract and the terms. Plaintiff, out of the blue, comes up with different contract terms.
Plaintiff billed me via email and fax a total of 3 times and I paid immediately. Plaintiff never billed again. He complains in emails that he had billing problems. We requested, by phone, numerous times that he send us a bill.
In October 2000, he files suit for breach of contract and tacks fraud in the suit. Since he billed three times, received payment from me, and then never billed me again after numerous complaints from me that he send me a bill, can he 3 years and 10 months later file suit?
1) Stature of Limitations is 3 years for oral contract and for fraud in Delaware. Can I get this thrown out under the circumstances? After 3 years and 10 months, I cannot understand how Plaintiff failed to discover he had a case during the 10 months he did not bill me.
2) Can I file a motion for dismissial on Diversity Juridication to make him prove the $75,000 before trial starts? What about "minimal contacts" as I had no customers in Delaware except this party who sued me, who was supposidly doing customers support work (and never billing for it??!!).
3) Plaintiff's attorney originally agreed to deposition via telephone. Now he senses he can go for the kill, and wants me to ONLY come to Delaware for depsoition. I just filed papers for Motion for a Protective Order to request court to allow me to give deposition via telephone. Am I on track here?
Any help would be most appreciated. I will be most grateful.
Any more ideas from anyone? My problem is I am disabled, have not worked for 5 years and don't have the money to defend myself.
Delaware party sued me in Federal court. Contract orally negotiated in Dec 1996 via phone and email. I have emails with plaintiff admitting to our oral contract and the terms. Plaintiff, out of the blue, comes up with different contract terms.
Plaintiff billed me via email and fax a total of 3 times and I paid immediately. Plaintiff never billed again. He complains in emails that he had billing problems. We requested, by phone, numerous times that he send us a bill.
In October 2000, he files suit for breach of contract and tacks fraud in the suit. Since he billed three times, received payment from me, and then never billed me again after numerous complaints from me that he send me a bill, can he 3 years and 10 months later file suit?
1) Stature of Limitations is 3 years for oral contract and for fraud in Delaware. Can I get this thrown out under the circumstances? After 3 years and 10 months, I cannot understand how Plaintiff failed to discover he had a case during the 10 months he did not bill me.
2) Can I file a motion for dismissial on Diversity Juridication to make him prove the $75,000 before trial starts? What about "minimal contacts" as I had no customers in Delaware except this party who sued me, who was supposidly doing customers support work (and never billing for it??!!).
3) Plaintiff's attorney originally agreed to deposition via telephone. Now he senses he can go for the kill, and wants me to ONLY come to Delaware for depsoition. I just filed papers for Motion for a Protective Order to request court to allow me to give deposition via telephone. Am I on track here?
Any help would be most appreciated. I will be most grateful.
Any more ideas from anyone? My problem is I am disabled, have not worked for 5 years and don't have the money to defend myself.
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