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Plaintiff's response to defendants response to lawsuit

Mahwah, NJ |

I was sued by a potential business partner because I backed out of the contract at the last minute because our proposed business venture required more capital than we had planned, and this was a last-minute surprise for me. My potential business partner filed a nasty suit in court and I responded to it last week. I am supposed to get his response on 4/16, and just found I have to travel next week. My question is do I need to make arrangements for someone to be at my house so plaintiff's messenger service can deliver the response to me? Or will they send it US mail?

Attorney Answers 3


  1. Typically, his response at this stage of the litigation will be mailed to you and will not be served by a process server or messenger. But even so, you won't be at home to receive it, so you will lose some days from the total time within which you have to respond. Good luck!

    If you think my response is the best response, it would help me if you would indicate that. Also, please note that my responses to question(s) are NOT legal advice from me to you because I am NOT your lawyer, you are NOT my client, and we do NOT currently have an attorney-client relationship. Thanks!


  2. I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, you do not have to be personally served with further documents; even if you do have to be personally served, you don't have an obligation to wait around for a server. If your former potential partner is represented by counsel, you'll likely just get a copy by mail. If your former partner is representing himself, it's hard to say what he will do.

    Contract issues like the one you describe can be tricky; you should speak with an attorney to understand what you need to do to prevail.

    /Christopher E. Ezold/

    The Ezold Law Firm, P.C.
    Employment, Business and Health Law
    One Belmont Avenue, Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies. /Christopher E. Ezold/ The Ezold Law Firm, P.C. Employment, Business and Health Law One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com


  3. If I understand you situation, your business partner filed a complaint against you, you have filed an answer and counterclaim and the plaintiff's answer to your counterclaim is due 4/16.

    If that is the case, then you do not need to be personally present for the papers. The plaintiff's response will be filed in court and a copy will be mailed to you.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.