What do I do?
I am due in court tommorrow for a lawsuit from 4 years ago. I had owned a business, and when we went out of business a vendor was not paid in full. I have not been served anything in the last 24 months, but i have been today. I am being requsted to show up or i will be in contempt of court. I have a judgment against me for this already. what is going on? i dont have the money to hire an attorney.
Answers:
you don't need an attorney, defend yourself. explain your circumstances. they'll probably make your pay what you owe, just explain how much you can pay. ask to set you up payments.
GET ORGANIZED.
Is the lawsuit against YOU or the business? Is the judgment against YOU or the business?
If you didn't screw this up business wise while you were in operation, the debt was owed by the business, not you personally. If that's the case, the lawsuit from 4 years ago should have resulted in a judgment against the business, not you personally.
If that's the case, if you didn't screw up closing the business, you officially dissolved it by informing the state, same as when you officially formed it by informing the state.
If you did it right, their claim is against a business that doesn't exist, and all you need to do is offer as much proof as you can that it was dissolved years ago.
Attorney or not show up tomorrow or you will be arrested. Ask them to adjourn the matter as you were only served today and you need time to retain or at least consult counsel. Do not say or admit anything else. They will adjorn the matter to a later date to allow you to retain counsel or at least review the matter a bit.
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