Take Action Quickly. 1) When served with a lawsuit in Arizona, you may have at little as 20 days in a civil action which to file a responsive pleading, so don't wait, or else a default judgment could ensue. 2) Consider contacting an attorney who offers free initial consultations; 3) If you will be representing yourself, file either a Motion to Dismiss (not favored in Arizona) or file an Answer.
Jun 09, 2015 · If you cannot afford to hire an attorney to represent the LLC, your only options are to allow the plaintiff to obtain a default judgment (not a good idea) or settle the matter. An attorney may be able, for a reasonable upfront feed, to negotiate a settlement with the plaintiff but I would not expect it to be one you could easily swallow.
Your best bet is, as noted, if you have business insurance that covers it. But, most insurers will try to settle and in this case that likely means you change your name.#N#There may be someone who actually is a good trademark lawyer and takes litigation on a contingency, but I haven't met him or her in almost 4 decades of trademark practice.
Most trademark infringement cases do not go to trial. If your company has a decent defense, the case should settle during discovery. To do so, you should retain an experienced trademark litigation to defend the case. If your company can't afford to defend the case, than it will have to default.
If you are being sued in connection with a business you are running whether personal or otherwise and have business insurance with advertising injury coverage, you may be covered in which case your insurance will pay for an attorney.
You are between that rock and hard place. Only an attorney can represent and defend the LLC in court. If you cannot afford to hire an attorney to represent the LLC, your only options are to allow the plaintiff to obtain a default judgment (not a good idea) or settle the matter...
Trademark infringement is a personal tort action and perhaps in this case only the entity is being named in the complaint, but of course you personally can be named and held accountable.
"Easily fought and most likely be won". You are not in a position to predict the outcome of litigation. Lawyers don't dare to do that.#N#Unless represented by an attorney, the LLC cannot file pleadings or motions in court. Once the lawyer is in, it is increasingly difficult for the lawyer to get out unless and...
You don’t hire a Lawyer because you have to. You hire a Lawyer because he is a professional in the field of Law. He knows the law, knows the procedure, knows how to draft, knows the Courts, understands the Judges, and can speak well enough to present your case in the correct perspective.
There are many circumstances that a defendant can NOT ‘afford’ a lawyer. How many sort of rationals might there be about this‘affordability’ in the eyes of other parties that having no stake in their dispute at all? … That’s the question… Lawyers and judges, their FIRST duty is to uphold ‘norm’ in any justice system… if your case with the accuser is so ‘radical’, both of them might choose to settle their score outside of the ‘existing’ justice systsem… but who might be the laison ? That’s the question, ah?…
If you have received a notice that you are being sued, you may be understandably devastated. What can make the lawsuit even worse is when you do not have the means to be able to pay for the lawsuit. Even if you win, the time and money spent working toward a settlement can be extremely costly.
When you become aware that you will not be able to afford the lawsuit and maintain your current expenses, filing for bankruptcy can be a reasonable recourse. Filing for Chapter 7 bankruptcy can stop a lawsuit from going further. Here are a few ways it can help: 1 Stop creditors from harassing you 2 Stop creditors from putting a lien on your home 3 Stop creditors from garnishing your wages
Stop creditors from garnishing your wages. These are all very real situations that can cause you to stress and make you fear for your — and your family’s — future. As soon as you start to work with Castle Law Office, you are in good hands.
As soon as you become aware of a potential lawsuit, even if you have not yet been sued, it is a good idea to seek legal advice. If you cannot afford an attorney of your own, contact a local advocacy group or legal clinic to see if you qualify for free or low-cost services.
Keep in mind that if you are successfully sued and the court issues a judgment against you, you may be forced to pay a significant amount of money and may risk damage to your credit rating. For this reason, you may wish to attempt to settle the lawsuit before actually going to court.
If you do nothing, the plaintiff can – and probably will! – ask the court for a default judgment. You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court.
An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you.
Overview. If you have received a summons and complaint, that probably means you are being sued. Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away.
However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.
Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.
File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.
Learn what to do if you’ve been served with a summons and complaint, including how much time you have to respond and what options might be available to you. Remember that if you do nothing, the person suing you can ask the court for a money judgment against you!