Legal Question in Business Law in California

Re: Being sued for undelivered goods

Well, are you experienced in properly drafting court pleadings, handling court hearings, dealing with opposition attorneys and judges, knowing the law and court rules, etc? If so, handle it yourself. If not, how would you propose to do all those things necessary in an effective way to avoid default or loss of the case? I'll be happy to help you if you're serious about getting legal help. It may be possible to get this settled in a way satisfactory to you by presenting the facts and getting them to drop the case. If not, then you'll need to defend it using your facts and evidence. Contact if you decide to do so, and we can discuss the facts and strategy and costs to be expected.

Re: Being sued for undelivered goods

You are allowed to represent yourself but will probably not be able to do so effectively. At a minimum, you should consult with an attorney who can help you with the various requirements you will have to meet.

Re: Being sued for undelivered goods

First, as to the question of representation, I would agree with Mr. Hoffman's answer. Your issues can perhaps be handled by retaining a less experienced and hence less expensive lawyer to give you advice on filling out forms and serving and filing papers without actually becoming your attorney of record. A ten thousand dollar action is marginal for either the plaintiff or defendant to hire a lawyer and go at it full-bore.

If you have been served with a summons and complaint, be sure to serve and file an answer within the allotted time.

Now, as to the merits of the claim against you, and your defenses. It sounds like you are dodging the real issue here - did you ORDER this merchandise? It isn't always necessary to receive and/or sign for merchandise in order to be liable for it. In some cases, title passes to the buyer when the merchandise is placed in the hands of a common carrier or the postal service. What were the terms here? What happened to the goods? Were they special-order or made-to-order? Were they shipped? When did title pass? All these and other questions bear on whether you are liable or not.

Does the contract have an attorney fee clause?