Stopped working for FREE and now they're suing me!

[atw]

Residing in Michigan, I worked full-time for 16 months, via internet and phone, on a start-up business initiated by a man in Texas. I created and provided graphic designs and artwork for training DVD's product packaging and website material, as well as website development and maintenance. I received only a few small gifts and $200 for approximately 2500 hours of work, then an additional $500 near the end, for a particular piece of artwork I created, which he was desperate for, due to a deadline ‘he’ was locked in to.

After much time being given the run around trying to accomplish a well overdue written contract we eventually did start negotiating one. We spent months with an enormous amount of frustrations in which he would include ridiculous issues every step of the way and we were getting nowhere trying to agree. This task began to seem impossible to accomplish.

Yes, I realize working this long with only a very NON-explicit verbal agreement for pay was not wise, but it was agreed upon to be developed into a written contract. I went along with this determined to do whatever I could from home to help support my family through difficult times and my husband's lack of work during Michigan’s continued depressed economical status and willing to take the risk of trusting what I was led to believe. Helping this man build this company to success would pay off immensely for me and that he would make every honest effort to send me whatever pay he could in the meantime, along the way. If I was wrong in trusting him, I figured all I had to lose was my time. Apparently I was wrong, because I'm now being sued!

Finally at the point of feeling the need to apply my efforts working more productively elsewhere and chalk it up as a lesson learned from school of hard knocks, I began to seek legal advice and was repeatedly advised that I would need an attorney in ‘Texas’. Not easy to find from Michigan, especially to know what you’re getting, I did hire a Texas attorney. It cost me $1000, (more than I even made working for this man) in an attempt to have my legal rights confirmed regarding my “unpaid for” artwork and to assist us with negotiating a contract hoping that having an attorney involved may put an end to all the nonsense he was trying to pull over on me.

More and more red flags started to pop up. Approximately 20 other people who worked for him began to surface referring to him as a con man. I was provided with several testimonials of their own personal issues and complaints for lack of payment on work they had done for him.

Meanwhile, with legal advice for proceeding properly, I demanded pay or a written agreement for pay, in order to continue working for him and/or to continue allowing him to use my artwork (which my right to do so was confirmed). He then filed suit against me for $125,000. (in Texas)

Appalled by him doing this or even being allowed to do so, I was devastated with the only advice I had been able to obtain thus far. From "several" different credible sources including licensed attorneys (TX & MI) and/or Government websites, I was led to believe, without a doubt, that I had little or no options but to go to court in Texas and fight this. I literally felt forced to needing to spend what would cost thousands and thousands of dollars for proper legal defense for what was referred to as a frivolous, bogus case by everyone I spoke to. How "unjust" is this? Why should I be forced to risk losing so much to avoid losing $125,000 to this man when I did NOTHING and just want to stop allowing him to take advantage of me by work for him for FREE!?

I have confirmed the case is filed for Breach of contract (that doesn’t exist) and Tortuous Interference In Business (apparently based on false speculations), but have not actually been served yet however, have reasons to believe that a few attempts have been made.

The only positive information I have received so far was just recently, in that they do 'not' have jurisdiction over me in Texas, being that I have never been there and live in Michigan. Since I have received such a variety of information for nearly a month without being told this prior to now, how can I be absolutely certain whether or not this is true? If not true, 'are' there any other options for me, or if they cannot have jurisdiction on me, what do I do next...anything?

Sorry for wanting to paint the full picture and not being able to be brief.What is the name of your state?

 

[seniorjudge]

Q: Since I have received such a variety of information for nearly a month without being told this prior to now, how can I be absolutely certain whether or not this is true?

A: There's no way to be absolutely certain.



Q: If not true, 'are' there any other options for me, or if they cannot have jurisdiction on me, what do I do next...anything?

A: You need to defend yourself in Texas.

 

[atw]

A: There's no way to be absolutely certain.

Q: The laws are not certain? Can someone in Texas sue a person in Michigan at a Texas County Court or not? Especially when its regarding work via internet? You mean there is 'no' answer to that?


A: You need to defend yourself in Texas.

Q: Any suggestions for the best way for me to go about doing this when...

a. I worked for free for a year and half, remember?....I 'cannot' afford to GO to Texas, let alone afford an attorney.

b. It's not very comforting having to choose an attorney by practically picking one out of a hat, especially when I'd be up against their attorney which has been suspended twice from the TX State Bar and quoted by another attorney as "shady"​

I KNOW they dont have a leg to stand on in court because I have done NOTHING wrong, unless of course his attorney gets away with "shady" business again... you hear of innocent people getting a raw deal all the time. Why should "I" have to pay (even if I could) for them to try and find me guilty.

What ever happened to... Guilty until proven innocent??

I even tried to get some information as to how "I" could file a civil suit "Here" against him, putting him in the same position, but I was told that they were not allowed to tell me that??????????????? I cannot even get an answer to where I can get answers??????

This is crazy!

 

[seniorjudge]

A: There's no way to be absolutely certain.

Q: The laws are not certain? Can someone in Texas sue a person in Michigan at a Texas County Court or not? Especially when its regarding work via internet? You mean there is 'no' answer to that?


A: You need to defend yourself in Texas.

Q: Any suggestions for the best way for me to go about doing this when...

a. I worked for free for a year and half, remember?....I 'cannot' afford to GO to Texas, let alone afford an attorney.

b. It's not very comforting having to choose an attorney by practically picking one out of a hat, especially when I'd be up against their attorney which has been suspended twice from the TX State Bar and quoted by another attorney as "shady"​

I KNOW they dont have a leg to stand on in court because I have done NOTHING wrong, unless of course his attorney gets away with "shady" business again... you hear of innocent people getting a raw deal all the time. Why should "I" have to pay (even if I could) for them to try and find me guilty.

What ever happened to... Guilty until proven innocent??

I even tried to get some information as to how "I" could file a civil suit "Here" against him, putting him in the same position, but I was told that they were not allowed to tell me that??????????????? I cannot even get an answer to where I can get answers??????

This is crazy!

I answered your question:

The only positive information I have received so far was just recently, in that they do 'not' have jurisdiction over me in Texas, being that I have never been there and live in Michigan. Since I have received such a variety of information for nearly a month without being told this prior to now, how can I be absolutely certain whether or not this is true?


Here are other answers:

Q: Can someone in Texas sue a person in Michigan at a Texas County Court or not?

A: Yes. Anyone can sue anybody else for any thing at any time anywhere.



Q: What ever happened to... Guilty until proven innocent??

A: Irrelevant; this refers to criminal law.

 

[HomeGuru]

Hire an attorney already.

 

[atw]

Duh!

What part of "I worked for free the past year and a half and canNOT afford an attorney" did you not understand?

I apologize for being sarcastic, but please put yourself in my shoes and then read the answers I'm given.

I guess I was wrong once again thinking I may get some intelligent and helpful information from this site.

 

[HomeGuru]

What part of "I worked for free the past year and a half and canNOT afford an attorney" did you not understand?

I apologize for being sarcastic, but please put yourself in my shoes and then read the answers I'm given.

I guess I was wrong once again thinking I may get some intelligent and helpful information from this site.

**A: shall we take up a collection for you?

 

[atw]

Yes! Would you please? Being that you're not worth much good otherwise!

 

[atw]

I answered your question:

The only positive information I have received so far was just recently, in that they do 'not' have jurisdiction over me in Texas, being that I have never been there and live in Michigan. Since I have received such a variety of information for nearly a month without being told this prior to now, how can I be absolutely certain whether or not this is true?


Here are other answers:

Q: Can someone in Texas sue a person in Michigan at a Texas County Court or not?

A: Yes. Anyone can sue anybody else for any thing at any time anywhere.



Q: What ever happened to... Guilty until proven innocent??

A: Irrelevant; this refers to criminal law.

So apparently you have no suggestions and criminals are more protected. What 'is' the purpose of jursidiction then?

 

[Quaere]

I created and provided graphic designs and artwork for training DVD's product packaging and website material, as well as website development and maintenance. I received only a few small gifts and $200 for approximately 2500 hours of work, then an additional $500 near the end, for a particular piece of artwork I created, which he was desperate for, due to a deadline ‘he’ was locked in to.

You sold something to a Texas resident. If his complaint involves that sale, this is one point towards Texas having jurisdiction over you.

Helping this man build this company to success would pay off immensely for me and that he would make every honest effort to send me whatever pay he could in the meantime, along the way.

Was this the extent of your verbal agreement? Was he true to his word?

Apparently I was wrong, because I'm now being sued!

You have probably been sued as a defense measure.

Finally at the point of feeling the need to apply my efforts working more productively elsewhere and chalk it up as a lesson learned from school of hard knocks, I began to seek legal advice and was repeatedly advised that I would need an attorney in ‘Texas’.

You lost me. If you were going to move on to greener pastures and chalk up the loss to experience, why did you need a Texas atty.?

More and more red flags started to pop up. Approximately 20 other people who worked for him began to surface referring to him as a con man.

Will any of them be willing to join you in a counterclaim for fraud?

Meanwhile, with legal advice for proceeding properly, I demanded pay or a written agreement for pay,

Therein lies your problem. Under the circumstances, any atty should have known what was going to happen when you sent that demand letter. Did you tell the atty you were planning to do that or was your conversation with him limited to other questions about your rights?

The demand letter alerted the guy to the fact that you were considering legal recourse. He filed his own suit in Texas, so he could control where any litigation with you would take place.

Your initial post in this thread (with a few more details) would have made a decent original complaint and you could have filed it for about $150. If you had done that BEFORE you rattled the defendant’s cage, you would have ensured that any litigation would take place on your turf.

Appalled by him doing this or even being allowed to do so

The good news is he is only ALLOWED to do this, if he has actual legal grounds to support his complaint. If he can’t come up with a reasonable explanation for the filing, you may be able to recover any costs you incur to get the case dismissed.

, I was devastated with the only advice I had been able to obtain thus far. From "several" different credible sources including licensed attorneys (TX & MI) and/or Government websites, I was led to believe, without a doubt, that I had little or no options but to go to court in Texas and fight this.

If his claims are COMPLETELY without merit the fight may only require a motion to dismiss. You would then be free to sue him in Michigan if you wanted to.

I literally felt forced to needing to spend what would cost thousands and thousands of dollars for proper legal defense for what was referred to as a frivolous, bogus case by everyone I spoke to.

No one can responsibly tell you the complaint is bogus when they haven’t even seen it. Without realizing it, you may have given him grounds for some type of claim. You will have to wait to see the complaint.

How "unjust" is this? Why should I be forced to risk losing so much to avoid losing $125,000 to this man when I did NOTHING and just want to stop allowing him to take advantage of me by work for him for FREE!?

He's trying to scare you and he has succeeded. Calm down. Wait to see what the complaint says.

The only positive information I have received so far was just recently, in that they do 'not' have jurisdiction over me in Texas, being that I have never been there and live in Michigan.

Whoever told you that is clueless. Texas MAY be able to assert jurisdiction over you for any number of reasons. In order to determine if Texas has jurisdiction over you, one has to know every detail of your involvement with the plaintiff.

You were engaged in a business transaction with a Texas resident. You made a sale to a Texas resident. If you did something to cause injury to a resident of another state (and this is why he included a tort claim in his complaint) they have the right to sue you there.
These are all things that CAN lead to Texas asserting jurisdiction.

Since I have received such a variety of information for nearly a month without being told this prior to now, how can I be absolutely certain whether or not this is true?

Let’s start by applying some common sense to the situation. Think of some ways you could hurt another person without ever setting foot in their State, or even in their Country. You live in NY (which you have never left) and you do something to hurt someone in CA. After you hurt this person, would it make sense for the victim to have to travel to NY to hold you accountable?

For a more technical version of the law, try this: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/5th/0011158cv0.html

You won’t understand that opinion, but print it and show it to any atty you consult with. It explains many of the reasons that Texas may NOT have jurisdiction over you.

At least you have the easy part. All you have to do is CLAIM they don’t have jurisdiction and then it is the plaintiff’s job to prove otherwise.

If not true, 'are' there any other options for me, or if they cannot have jurisdiction on me, what do I do next...anything?

You could try to settle or you might prefer to try to get the case dismissed before you throw in the towel. Your decision will depend on what the complaint says.

If you go for a dismissal, you will have an atty challenge jurisdiction and whether the complaint actually establishes a legal claim. If the complaint is dismissed and you want to pursue this guy as you had planned to do before he filed suit, you can file your claims in Michigan.

If the plaintiff survives those initial challenges, you will be litigating the case in Texas and you may as well go ahead and file a counterclaim.

Sorry for wanting to paint the full picture and not being able to be brief.

You did an outstanding job of providing necessary information. Feel free to keep asking questions, there is no limit here.

 

[atw]

You sold something to a Texas resident. If his complaint involves that sale,

Does the sale need to be paid for to be considered a "sale"? He received much more than $700 worth. He was given much more than what he paid for. He was wanting what he "has not" paid for too, and I couldnt even get a reasonable contract for it either.

extent of your verbal agreement? true to his word?

There was no 'extent' to our verbal agreement. He initially asked if I'd be willing to do sweat equity work (so-ta-speak). He was intending to include me generously in the event the company would profit. He would use the words "part ownership.” Not being interested by what ownership "really" meant to me, he made clear that I wouldn't have any liabilities or be required of any investing other than my time. He'd handle my concerns with 'examples of how' he plans to pay me of which 'were' acceptable. He and wife made frequent statements that they felt sending me money was necessary and because success was taking much longer than they expected, feared me wanting to quit working this way for so long. Throughout the process of trying to build this business, I was continuously led to feel hopeful for receiving pay prior to company becoming successful. They made many implications of wanting to do so. First check they sent was $200 and said to be for helping me buy my kids Christmas. (Although they don’t celebrate, but not that it matters) At that point, statements were made of plans to start paying me 'something' every week, small, but something. Never happened. Never was there any time frame stated or agreed upon that I was expected to keep working.

Although I agreed to work for them knowingly a risk, & with no guarantees (either side), how would 'they' be entitled any guarantee that I KEEP working for them as they are claiming in part for breached of contract? They claim I agreed to "continue" working in exchange for a portion of potential future net profits. "Net" was never agreed upon, or any terms for that matter. We never got that explicit until I demanded a written contract be put in place which is when he proposed 2% net for life. Not able or willing to provide me with any P&L, budget plans, or 'any' documents to feel clear about 'what' net would be based on, I was not comfortable AND legally advised not to agree on net. He claimed to understand (in writing) and negotiating began from one extreme to another. Many proposals from him included payment terms for back pay to be different from terms for my current/future pay. He "understood & we agreed" that with much unexpected time having passed, I "needed" to start receiving "some" pay for continuing to keep working.
Since continued negotiation became difficult to accomplish, in an effort to make things easier, we "agreed" (in writing) to separate the issues trying to accomplish one at a time, having 2 separate contracts.

Also claiming I breached contract because I would not continue or guarantee working and because I was requesting a contract specifically to address prior services rendered and demanded an unreasonable portion of their potential future net profits.

His first proposal to me clearly stated the included payment terms (for life) would be met, "whether or not contractor continues to remain involved with the company.” After a series of at least a dozen contracts attemptied, “Payment Terms” offered drastically changed and decreased, yet many were still acceptable to me.

In tort claim... they are referring to me taking down website where potential customers were not to be able to gain access, causing significant harm to business. The majority of products were not even sellable yet, in which he did still accept money from a few customers

Regardless of that, I have email from the wife (dba is registered under) telling me how she "can no longer see how we can move forward and for me to do whatever I feel I need to do. If I feel the need to take the site down then go ahead."

* Approx. a month later, is when I hired a TX attorney to confirm my rights for doing so, as well as assist my last attempt to negotiate a contract. (I had trouble getting legal questions answered & was repeatedly advised to get a TX attorney.) Confirming what others told me, the author (me) of artwork is automatically owner with copyrights,if without a contract stating anything differently or being paid for it. He said since I was the one who put the work 'on' the website, I could take it 'off'.

Early on, as requested to do as an authorized administrator of their hosing acct., the websites email accounts were set up to forward copies to me for back up moderating purposes. As a result, I saw disturbing emails sent to him. People complaining and demanding pay from him who had worked for him prior and at least 3 customer complaints from other states, who filed a Pay Pal dispute for never receiving product that they paid for, (product not yet produced). These were additional reasons for not wanting to be connected in 'any' way, and fear of any possibility of liabilities. I took the site down.

Had I known I was wrongfully advised by my attorney, I'd have no problem putting it back up, however, I received an email from the husband, authorizing & requesting me to take the site down, that they will no longer be needing it, as they have hired someone else to rebuild & change entire look, logo, brandings, etc.

They referred to other 'false' accusations in suit too, about me attempting to disrupt business by changing pay pal passwords, NOT true whatsoever. They possibly assumed this from receiving one of paypals periodic emails to take security measures and change password. I saw forwarded copy of an email like that, after I returned home from a sm vaca up north (where I didn't even have internet access).

If you were going to move on to greener pastures and chalk up the loss to experience, why need a Texas atty.?

I was willing to accept the fact of having to do so, when I decided to stand my grounds for providing no more work unless securing an agreement, should things result in turning out not to be in my favor. Also see above "*" .

Will any of them be willing to join you in a counterclaim for fraud?

Yes, I believe so, but with promise of back end money and $ amounts owed were considered small claims, which is why they didn’t feel it to be worth pursuing individually. and TX attry told me class action couldn’t be done with my situation being different. A few might be pursuing a suit and some going through collection agency. I became aware of this group at the time my attorney attempted to assist on my behalf, one of them, I have no idea who it is, they will not disclose them self, started a smear campaign on Craiglists.org, (where the company frequently placed ads for hiring) They referred to him as a con man, etc. I was accused of being that person as well. (Which makes absolutely no sense to think it was me trying to destroy them when I just hired an attry to help w/a contract for receiving pay from the companys success.)

Under the circumstances, any atty should have known what was going to happen when you sent that demand letter.

Well then, I guess I was also taken advantage by that attorney. He was well aware of my financial status, but still suggested & advised me to doing something that would further secure his chances for more money from me for of the position this would be putting me in. Which it has!

 

[atw]

Continued

Did you tell the atty you were planning to do that or was your conversation with him limited to other questions about your rights?

Not sure what you’re referring to...planning to do what? Maybe this will help better explain... They were underestimating me due to my passiveness all along, willingness to comply, devotion, dedication and humbleness. They were playing games with me in the attempt to remain controlling, questioning my intelligence by insinuating my requests throughout negotiating were unreasonable, (which I acquired from legal advice). With each round of contract revisions, they would continuously request ridiculous amendments (I even legally verified as such, just in case my thinking 'was' off due to lack of legal knowledge) They would do so to a different parts of a contract from what we last discussed and agreed on.

All I wanted was no longer to be taken advantage of and/or not to be put through any 'more' time or nonsense dealing with them in this manner. I initially wanted to continue working for them, but wanted to have a legal written contract and feel secure that it didn’t contain anything shady prior to me signing it.

The smear campaign - Yes I made my attorney aware of what started going on. I was now being accused of being behind it.

Yes, I told the attorney of my wishes to take the site down when asking him what my rights were, and if I could do so without facing any negative recourse. He specifically told me I am entitled to take down the site and have rights to do so.

The demand letter alerted the guy

Your initial post in this thread .... would have made ...]a decent original complaint ...you could have filed it for about $150. If you had done that BEFORE you rattled the defendant’s cage,

In other words, I invested my last $1000 in an attorney that apparently should've been wiser in advising me differently? The letter my attorney sent them is what 'he' suggested doing. It nicely & calmly stated that he was retained purpose of helping reach an agreement in which we have not been able to do by ourselves, his feeling of confidence in being able to reach amicable agreement, & informed them of their rights in the event an agreement is not met, they will no long have rights to anything I created and any commercial product already in circulation will need to be recalled immediately.

I have only been made aware of this suit through that attorney who is no longer representing me because now he wants another $5000 retainer to start with, which I don’t have, for proceeding any further. I have not yet officially been served. Can't I 'still' file a complaint here in Michigan? If so, how would I go about doing so? My county clerk’s office was not allowed to tell me where I can get proper info for such.

he is only ALLOWED to do this, if he has actual legal grounds to support his complaint.

What if he makes it 'sound' good as they 'seem' to be doing? They have listed in the petition about 60 questions for me to agree or deny. They are worded very well in sounding great for what they're trying to imply. However, they are ALL either irrelevant, or I can honestly deny.

For example, do I agree that I have received certain checks from him (totaling approx. $3,000) for work I performed? (Making it appear as if I was paid much more for the work I did and that I took away). Yes I agree I received those checks...but they fail to mention that it was for work I did PRIOR to this in which, again, I was over accommodating by allowing them to make payments which happened to overlap the period time for 'this' project. They had nothing to do with the work referred to here.

Will 'my' facts be allowed to be obtained for determining this? And does this mean that I would still be required somehow to come up with the money for an attorney and I would have to go there even for this part?

No one can responsibly tell you the complaint is bogus when they haven’t even seen it.

You will have to wait to see the complaint.

The TX attorney HAS seen the complaint, but thats when he stopped representing me cuz I don’t have $5000 for to to pay him.

He's trying to scare you and he has succeeded. Wait to see what the complaint says.

Both my attorney and I believed this to be a scare tactic, (at least until, someone who I believe was a process server made a 2nd visit to my home, nearly pounded my door down for 20-30 min. according to neighbor & my kids, barely old enough to be home alone, in which he scared the heck out of.

Another reason for feeling that he doesn’t really want to go to court is, after he filed suit, he contacted me by messenger stating that he wants to resolve this as soon as possible. However, he never proceeded with any attempt to do so. He just continued questioning me about his false speculations, so I ended communications, but I did make it clear that I would be more than willing to discuss with him anything pertaining to an agreement or contract.

I believe his biggest motive for scaring me is his fear of me making one of his resellers aware of copyrights on product that this man invested in and has a contract for with the company. This reseller just made final payment of 3 for a total of $15,000 in exchange for recently receiving 3 different titled DVDs, 500 copies each, that technically he is not allowed to sell now. I haven’t yet made contact with him and don't believe he's aware of any copyright issue. I felt by him 'not' knowing might be strong leverage for me to have any hopes left for obtaining an agreement. However, I do know this reseller has been notified of their poor business practices, by someone involved with that smear campaign, for not paying people, because I was accused of that as well.

My concerns for him 'winning' this case are not even close to my concerns for having no options but to incur major expenses that I can't afford, and don't deserve in order to go to Texas with quality legal support, not to mention the difficulties in even finding someone, just in order to prove it all.

Whoever told you that is clueless.

Every attorney I have spoken too has told me "something" different from the rest.

you do something to hurt someone in CA. After you hurt this person, would it make sense for the victim to have to travel to NY to hold you accountable?

Okay...I see your point, but in the same sense, what is available to the person if we were to flip the side of the coin now? If I "didn't" do anything to hurt this person as they 'think' I did, does it make sense for 'me' to have to travel to TX to show I am NOT accountable? That’s my point. Is there any procedure to assist with this? A way to have 'my' side heard "prior" to having a financial loss put upon me just to prove they have nothing to establish a legal claim to begin with? What "can" I do next, in the simplest and cheapest way possible (If such a thing)? I am obviously clueless to legal stuff, (why I'm at this forum to begin with) but I don't know how much more mental anguish I can take, just in trying to get proper information/direction.

All you have to do is CLAIM they don’t have jurisdiction and then it is the plaintiff’s job to prove otherwise.

Using one issue as example, if they show proof to their claims such as they paid me $3,000 dollars for work I did, how would it be known that this was for work prior and is nonrelated, will this opportunity be available for 'this' process?

You could try to settle or you might prefer to try to get the case dismissed before you throw in the towel. Your decision will depend on what the complaint says.

If you go for a dismissal, you will have an atty challenge jurisdiction and whether the complaint actually establishes a legal claim. If the complaint is dismissed and you want to pursue this guy as you had planned to do before he filed suit, you can file your claims in Michigan.

If the plaintiff survives those initial challenges, you will be litigating the case in Texas and you may as well go ahead and file a counterclaim.

What do you suggest I do next based on what you do know so far? If your answer is to hire an attorney, specifically, what kind of attorney 'would' I need? And from where, prior to knowing if Texas will be allowed jurisdiction? What should I initially expect this to cost me (so I may know if an attorney is taking advantage of me)? Can you recommend any "good' resolution to not being able to afford legal council? (Something you'd recommend to say your sister or mother?)

Feel free to keep asking questions, there is no limit here

.[/QUOTE]

Again, I thank you very much and appreciate anything you can provide me with for a better comprehension of this!

 

[Quaere]

Does the sale need to be paid for to be considered a "sale"?

You were doing business with him. This does not necessarily mean they have jurisdiction but like I said, it_s a point in his favor.

He would use the words "part ownership.

Does he refer to you as a partner in his complaint? BTW, how do you know what_s in the complaint if you haven_t been served? Do you have a copy?

How much of their various promises to you are in writing (via email?) or was it ALL verbal?

Although I agreed to work for them knowingly a risk, & with no guarantees (either side), how would 'they' be entitled any guarantee that I KEEP working for them as they are claiming in part for breached of contract?

Assuming the $3,000 transaction is not documented they can say it was for any number of things. If everything was verbal, it is your word against their_s when it comes to explaining what, if anything, you promised to do in return for the money.

In tort claim... they are referring to me taking down website where potential customers were not to be able to gain access, causing significant harm to business. The majority of products were not even sellable yet, in which he did still accept money from a few customers

Did he get ANY business strictly because the website was there?

Had I known I was wrongfully advised by my attorney

What makes you think the atty_s advice was wrong? It may not have been.

Well then, I guess I was also taken advantage by that attorney. He was well aware of my financial status, but still suggested & advised me to doing something that would further secure his chances for more money from me for of the position this would be putting me in. Which it has!

Maybe. It could have been an honest mistake on his part.

In other words, I invested my last $1000 in an attorney that apparently should've been wiser in advising me differently? The letter my attorney sent them

Oh the ATTY sent the letter? Interesting.

Can't I 'still' file a complaint here in Michigan?

No, you cannot. The only way to sue him in Michigan is to get the Texas case dismissed.
Do you know if this guy has any assets at all?

I would have to go there even for this part?

Even if the Texas case went all the way to trial, you would only have to physically appear there for your deposition and for trial. Everything else can be done via mail or phone.

Another reason for feeling that he doesn_t really want to go to court is, after he filed suit, he contacted me by messenger stating that he wants to resolve this as soon as possible.

I_ll bet he does. No atty is going to represent him on a contingency because even if they won a huge judgment, you probably can_t pay it. It will cost the plaintiff at least $10,000 and possibly as much as $100,000 to get the case to trial.

I did make it clear that I would be more than willing to discuss with him anything pertaining to an agreement or contract.

I would not have any further contact with him until you are represented. Anything you say can be used against you and since his has an atty, they may try to get you to say certain things.

Every attorney I have spoken too has told me "something" different from the rest.

That is because your situation involves several different areas of law and it_s unlikely any one atty you_ve met, is well versed in ALL of those subjects.

If I "didn't" do anything to hurt this person as they 'think' I did, does it make sense for 'me' to have to travel to TX to show I am NOT accountable?

Such injustices occur regularly in our system. No one has come up with any way to correct this problem and because of the Internet this problem is quickly taking on epic proportions. All any of us can do is try to cover our own asses so that we are not vulnerable to such injustice.

Is there any procedure to assist with this? A way to have 'my' side heard "prior" to having a financial loss put upon me just to prove they have nothing to establish a legal claim to begin with?

That is what will happen with a motion to dismiss. BUT, the plaintiff has a very low burden of proof to survive the motion.

Using one issue as example, if they show proof to their claims such as they paid me $3,000 dollars for work I did, how would it be known that this was for work prior and is nonrelated, will this opportunity be available for 'this' process?

If you had some written proof of what the money was for, it would help. Do you have such proof? The timing of the payments may also support your story.

What do you suggest I do next based on what you do know so far?

I suggest you enable your PM.

Again, I thank you very much and appreciate anything you can provide me with for a better comprehension of this!

You are welcome.

 

[las365]

Apparently the Petition filed against you has Requests for Admissions attached, and they are nothing to fool around with. If you don't answer them in time, they are deemed admitted. Stop avoiding service and make sure you know what your deadlines are to file and Answer and answer the discovery. You can file a Motion to Transfer Venue but need to file it before you file the Answer and make sure the Answer is subject to the Motion. I'm not sure about requesting a transfer of venue to another state. Someone else here could address that, I'm sure.

When you called the law firm where I work, the free legal advice you were trying to get over the phone had to do with whether you had the copyright on the logo, etc., that you had created for the business you were having the problem with and wanted to know if you could take down their website. I told you that it would probably be ill-advised to do that and recommended a paid consult with one of the lawyers at our firm. You moved on, I guess until you found someone who told you what you wanted to hear. And here you are now, being sued.

 

[atw]

If you don't answer them in time, they are deemed admitted.

Don't I need to "receive" them first in order to answer them?

Stop avoiding service and make sure you know what your deadlines are to file and Answer and answer the discovery.

With all due respect, I've had enough of inaccurate speculations. The only thing I am "avoiding" is making 'any' decisions before I can get proper and consistent answers to having a better understanding of such unjust, which seems nearly impossible to accomplish.

You can file a Motion to Transfer Venue but need to file it before you file the Answer and make sure the Answer is subject to the Motion.

That sounds great, if only I knew what you're talking about. But thanks, it is one more avenue I can try to find out about and hope I choose the right person for explaining it correctly.

I'm not sure about requesting a transfer of venue to another state. Someone else here could address that, I'm sure.

When you called the law firm where I work, the free legal advice you were trying to get over the phone had to do with whether you had the copyright on the logo, etc., that you had created for the business you were having the problem with and wanted to know if you could take down their website. I told you that it would probably be ill-advised to do that and recommended a paid consult with one of the lawyers at our firm.

I made SEVERAL calls about MANY things and were give a ton of DIFFERENT answers, including many who answered to the opposite of what you had apparently told me, more than those that agreed.

You moved on, I guess until you found someone who told you what you wanted to hear. And here you are now, being sued.

There you go "guessing" again, with comments that no good can come from. I moved on "after" hiring an attorney and making him aware of EVERYTHING I could, which was much more information for him to base his answers to me on than a few minute phone call. Oh wait...was I suppose to know that you (whoever you are) was the "ONE" with the most correct and accurate information for me to listen to? Why would I possibly think that the one 'different' from the rest answer I received from someone I know nothing about just might possibly not know what their talking about. Gee...it's not like I havent come across anyone like that!

It's people like you and passing judgement like you are that helps people like the con man I'm dealing with, get away with it, instead of trying to help the innocent people deserving help and without arrogance.