QUESTION
I live in Texas, I am being sued by a person in TN, I have not been served,should suit be filed in TX or TN?
Asked on Oct 08th, 2012 on Business Litigation - Tennessee
More details to this question:
I am the director of a non profit, there is an atty in TN that thinks I and my organization owe him money.He filed a frivalous suit of the same nature in the past against another person.He did so when he became aware a complaint was going to be filed against him for incompentency and unethical behavior by an advocate that used to volunteer for my organization and that I had to release due to fraud.I have never signed any document retaining this person. and I have never spoken to this person. On the website where it shows a persons charge and court dates ect it states that the client he is talking about is indigent and the state of TN paid.This is a retaliation action on this attys part. He even served the Juvenile law society who endorses my organization, thats how I became aware of the lawsuit.Now this morning I am told that there is an Oct 18th court date set and I havent been served and therefore I am uncertain what even it is he is suing me for.Any suggestions ?
1 ANSWER
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First, and most importantly, whether you should defend a lawsuit never depends on the merits of the suit or the plaintiff's motivation, because, under the wrong circumstances, your failure to defend will result in a default judgment against you. In general, whether you can be sued in a remote state depends on your "minimum contacts" with that state. You do not provide any facts from which the nature of your contacts with TN can be ascertained. Accordingly, it is impossible to provide any insight on what you might be looking at. So, you get the general advice: see an attorney, have him review whatever papers you may have, and discuss your contacts with TN with him.
Answered on Oct 08th, 2012 at 2:09 PM