I am being sued in another state. Is there anyway to have the case dropped without going there?
They are suing me for breach of contract cause I stopped drop shipping for them and told them why. The reason I stopped shippin for them is because the company they want me to ship through sent me an email to desist shipping what I am shipping. I have that letter and thier rules saying I can't ship what I was shipping through them and the client says thats the only way I can ship and to do it anywyas. I don't want to fly to another state for a court case that is just plain black and white that I am right. They are sueing me for the time it took them to program me into thier site...1600 dollars. Funny thing is there is no way it cost even close to that to put 20 items on a website. Should have taken no more than hour. I can't see how they can make me pay the money to come there
Attorney answers (1)
Roger Keith Marion
Reputation Level 6
Answered about 2 years ago.
Litigation Lawyer in New York, NY.
It is not clear if the action against you is in New York. Your first enemy is time. You must act very quickly to prevent a default. The options are (a) do nothing, (b) fight, or (c) settle. If you fail to file papers within the time permitted, you can be defaulted, and a judgment could be entered against you. If you are not already defaulted, you should act very quickly to avoid one unless you decide to do nothing.
Doing nothing is dangerous because judgments bear interest, and can open roads to harass you through discovery, liens and credit reports. You say the suit is for $1,600, but you should read the complaint very carefully to see if they seek attorney's fees or other damages that could inflate the amount at stake.
Settlement may be possible, but they won’t likely settle when they can just default you. You should answer or move to dismiss first to eliminate that leverage. If that is your choice, and you decide not to use an attorney, you could call the court and ask for their office-for-the-self-represented, who should be able to tell you how to answer the complaint.
If you decide to fight, you can hire a lawyer where the suit is, who is armed to fight these battles. A lawyer will determine if there are good grounds for a pre-answer motions to dismiss, and can take the fight from there. If you try to fight it without a lawyer (generally not recommended), you will, sooner or later, be required to go to court, at least once, and maybe many times, or you could be defaulted for failing to appear in court.
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