I am trying to find out my options for a current pending lawsuit against me for my small business. For Civil Court of New York. Plaintiff states that I signed a contract for use of credit card equipment plus a monthly fee. I have a police report from out here in California stating that the contract is a forgery. I signed no contract, and no services were rendered. I cannot travel to New York (supposed to appear within 30 days) and have written a letter to the court stating the reasons why the lawsuit against me is invalid. I would also like to counter sue them in a California court for the forgery and the stress and time they have placed on me. What do you suggest that I do? Should I hire a lawyer? Is this something you can help me with? Do I have to appear in court, or will the letter suffice? What happens if I don't show?
No, a letter will not suffice. Yes, you absolutely must hire a lawyer. In the state of New York. Do not delay.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
You must find an attorney immediately. Check to see if your business insurance (assuming you have some) will cover this suit.
The Civil Court of New York is similar to California's Limited Court since it is only for matters up to $25,000. Which would make it difficult to federal court in California. Talk to a New York attorney to determine what your next step is in NY. Talk to a California attorney to determine what your step is in California. Best wishes.
The response above is general information related to law and not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from an attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
You may be able to file an identity theft case in California against the New York company, but it may depend on the way the lawsuit and contract are written. You should consult an experienced attorney as soon as possible.
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