written response to summons

[bthrr]

My husband and I started a business last June. In October, we ordered printed supplies for our business. One of the items were patches (that you would sew onto a jacket) and the other were keychains. Our tour season, in which we use these items, goes from February to May. We received the patches in February - they were incorrect, but we used them. We also received the keychains, which we used; though they were never approved, we were in a cruch and HAD to use them. In the mean time, the printer sourced out a second company to re-make the patches. He delivered them to us in March, though they were still incorrect and we NEVER used them. He sourced out a third company to have them made. Mind you the patches say 2007 on them. The final box of 3000 patches were delivered to us in September. We have not paid either invoice, which total $7000, and are now being sued. I have no problem paying for the patches and keychains we used, which to amounts to (at the MOST) $1000. I now have received a summons and have been ask to enter a written response within 20 days. I have all of my proof. I don't have the means to hire a lawyer and just need to know what to format to write my response in - I need some advice. Please help ASAP! Thank you.

 

[Scooterdog]

Not legal advise:

YOu could try challenging jurisdiction, personal and subject matter. If that doesn't look good, you can answer, and motion to dismiss.

It is hard to say, without looking at the original complaint.

If you are really, really in a pinch, you can get a continuence to buy you some time until you get the help you need.

You could file a cross complaint. There are alot of things you can do, but without reading the complaint ( you should be able to copy, then black out all personal info, scan and post). That would be very,very helpfull.

Good luck, hope you win this one.

 

[General]

By accepting those items you accepted them. There should be nothing you can do in a legit court. Your recourse was to send the stuff back. You did not. The other party is not responsible for unforeseeable consequences. Good luck though.

 

[yaruska]

Is there a format we need to follow regarding a "Written response"/