Can i a us citizen, hire a lawyer in india to represent me in a law suit in india of which i am one of the defendant?

Asked over 1 year ago - Portland, OR

my family has filed a law suit naming me one as one of the defendants in india, and did not inform me, i found out by accident of this; they have also signed my name illegally in some of the documents. they are not communicating with me, but have sent me the law suit document, with their attorney's name. do i contact their attorney or do i hire an attorney to represent me in the same town?

Attorney answers (6)

  1. Jeffrey K. Traylor

    Pro

    Contributor Level 9

    4

    Lawyers agree

    Answered . As the others have noted, I am not a Lawyer in India but if the legal system there is anything like the legal system here then you need your own lawyer and that lawyer should practice in the jurisdiction in which the case has been filed. If your family has named you as a defendant then whatever lawyer they have hired is not on your side. I would consult with someone immediately if I were you. Good luck.

    Jeffrey K. Traylor
    Multnomah Legal LLC
    Portland Divorce Lawyer

  2. Shannon L. Hall

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . I am not licensed to practice in India, so I cannot speak to the laws there - but if you were sued in a different state in the United States, you would want an attorney who is licensed in the state where you are being sued. I would guess that the same logic applies in India.

    My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-... more
  3. Pradnya Pradhan Desh

    Pro

    Contributor Level 10

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    Lawyers agree

    1

    Answered . If you are named a defendant in lawsuit in India and have been properly served, you can and certainly should hire an Indian advocate (lawyer). Our firm handles litigation in India through our Of Counsel in New Delhi. I would be happy to make a referral if you need to find an Indian advocate in another city. It sounds, however, that you have not been properly served. If that is the case, you would have your Indian advocate investigate whether the court thinks you have been served, but should NOT appear in court on your behalf. In a similar matter on behalf of one of our clients, our Of Counsel warned us that his appearing in Indian court would cause the client to waive any claim deriving from lack of notice. This is a similar result as in the US. Sometimes Indian plaintiffs spend months or years trying to serve process on an international defendant.
    Your question says that you have been named a defendant. However, as Mr. Levy wisely suggests, the information that you provided makes it sound as if you are named as a plaintiff. If indeed you are a plaintiff and not a defendant, you should follow his advice regarding getting dismissed as a plaintiff. After you have done so, it would also be wise to check with the appropriate court that you have indeed been dismissed.
    Feel free to email me to discuss this in detail.

    I am providing a general answer rather than specific advice based on Indian law because I am not admitted to... more
  4. Jonathan H Levy

    Contributor Level 20

    4

    Lawyers agree

    Answered . You are likely a Plaintiff not a Defendant unless your family is suing you. If you are actually a Defendant, it does not seem you have been served process. If you are a Plaintiff and do not want to be one, send a registered letter to the attorney demanding that you be dismissed as a plaintiff. Once you hire an attorney in India you will become part of something it sounds like you do not want to be involved in.

    This is not legal advice but a general comment on society. International Law 24/7 hotline +1-202-318-2406 - Dr.... more
  5. Stephen Ross Cohen

    Contributor Level 20

    3

    Lawyers agree

    Answered . Call the Indian Counselate and ask them, but logically I think you could

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more
  6. Luca Cristiano Maria Melchionna

    Contributor Level 15

    1

    Lawyer agrees

    Answered . The legal system in India is based on the common law tradition. It is similar to the UK and in some respect to the US. Some information is missing here: when you say 'I found out by accident of this' I wish to know how you have been informed. It may be possible that under Indian law the fact that you have obtained information about this lawsuit is a proper way to serve process. In addition, from your words ('they are not communicating with me'), it seems also a family dispute. If this is the case, you need to hire an attorney in India. You do not want to risk a default judgment in case you are a named defendant. Notwithstanding the international convention on serving process, any means can be acceptable for a court - even in India - provided that you have sufficient information about the lawsuit and the venue. I concur with Mr. Levy and Ms. Desh. I would take their advice and hire an attorney as soon as possible. Best.

    This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given... more

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