Wrong party served a law suit... Need Help...

[sam florio]

I was served a law suit,

I am not the person that should have been served.

How can I motion that court to dismiss, wrong person served?


Please advise...

Thanks


S Florio

 

[I AM ALWAYS LIABLE]

I was served a law suit,

I am not the person that should have been served.

How can I motion that court to dismiss, wrong person served?


Please advise...

Thanks


S Florio

My response:

Does the Defendant (the correct person) live with you ?

What is the State name ?

IAAL

 

[sam florio]

NO, It is a corporation suing me

Hello and Thanks for the reply...

Does the Defendant (the correct person) live with you ?

NO, It is a corporation suing me,

They filed against me, but they should have filed against a company called Directory Associates.

NOTE: I am a web developer, and they got my name as a webmaster. But the site is clearly marked "Directory Associates" as the copyrighter.

What is the State name ?

I'm In Florida, and the Court is Federal Court.Thanks

S Florio

 

[I AM ALWAYS LIABLE]

Re: NO, It is a corporation suing me

Hello and Thanks for the reply...

Does the Defendant (the correct person) live with you ?

NO, It is a corporation suing me,

They filed against me, but they should have filed against a company called Directory Associates.

NOTE: I am a web developer, and they got my name as a webmaster. But the site is clearly marked "Directory Associates" as the copyrighter.

What is the State name ?

I'm In Florida, and the Court is Federal Court.Thanks

S Florio

My response:

Okay, what is the legal makeup of Directory Associates ? A corporation ? A partnership ? A sole proprietorship ? A d.b.a. ?

Are you the owner of Directory Associates ? What's your legal involvement if something more than a mere employee ?

IAAL

 

[sam florio]

Okay, what is the legal makeup of Directory Associates ? A corporation ? A partnership ? A sole proprietorship ? A d.b.a. ?

I reall do not know? I would say a dba of a corporation.

Are you the owner of Directory Associates ?
No

What's your legal involvement if something more than a mere employee ?

I registered there domain name and worked on there web pages...

Thats it.....

Don't know why the suit was in my name?


Thanks

S Florio

 

[I AM ALWAYS LIABLE]

My response:

Okay, we'll do this from another angle.

What are the names of the plaintiffs ?

What are the names of all the Defendants ?

What are the specific "charging allegations" against you (yes, write them out) ?

I'm going to help you if it kills me !

IAAL

 

[sam florio]

OK Thanks

OK

What are the names of the plaintiffs ?
Bell South......... (A 3 BILLION DOLLAR Corporation)

What are the names of all the Defendants ?
Sam Florio D.B.A. Specialty Marketing Corporation.
AND YES "Specialty Marketing Corporation" is mine...

What are the specific "charging allegations" against you (yes, write them out) ?
Trademark Infringement, Dilution, Anticybersquatter Act, Unfair Competition, and Unfair trade practices.

I'm going to help you if it kills me ! THANKS......

 

[I AM ALWAYS LIABLE]

My response:

Okay, then they did serve the proper person - - YOU are the proper person if you are a d.b.a. They are suing you, and your d.b.a. "Specialty Marketing Corporation", not "Directory Associates".

In order to help you further, and because you didn't write out or scan the "charging allegations" against you, all I can tell you is that you had better hire an Intellectual Property attorney REAL FAST !

Good luck to you.

IAAL

 

[sam florio]

They are suing you, and your d.b.a. "Specialty Marketing Corporation", not "Directory Associates".

Right, However "Directory Associates" owns the web site URL not me and not "Specialty Marketing Corporation",

So how am I the right person?


Please let me know that?

 

[I AM ALWAYS LIABLE]

They are suing you, and your d.b.a. "Specialty Marketing Corporation", not "Directory Associates".

Right, However "Directory Associates" owns the web site URL not me and not "Specialty Marketing Corporation",

So how am I the right person?


Please let me know that?

My response:

Easy. You have been named in the lawsuit - - personally named.

And, you've been named along with "Specialty Marketing Corporation".

Right or wrong, the fact remains that you have been named. If they are incorrect, your attorney can file a Demurrer, and also file a Motion to Strike.

But, right now, you need to see an attorney near to your location, and file an answer, or other pleading.

IAAL