Legal Question in Business Law in Minnesota
My girlfriend is in the process of getting divorced and is a 50% owner of an electrical business with her husband and she was just served with papers indicating that she failed in her fiduciary responsibilities and is now being Sued by her husband. In the letter from his attorney it indicates that a written response is required within 20 days is this acurate? She denies all claims in the document, should she obtain a lawyer before doing her own written response. Can she counter sue him for failing to unsupervise the employees. Should she counter sue him and claim damages?
3 Answers from Attorneys
She has been served with a Summons and Complaint, I am guessing. The letter from his attorney is correct if the lawsuit is in Minnesota state court (20 days to file and Answer). If it is federal court, different rules may apply. It is usually best to contact an attorney to at least assist in drafting an Answer to the Complaint. Also, under the rules she is allowed to counter with any claims that she thinks she may have against him.
You may contact this office with any other questions that you may have.
As a Franchise Attorney I can say this. She should contact a litigation attorney as soon as possible to be in a position to respond to the complaint and evaluate any counterclaims she may have. Consult with a good business litigation or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Agree with Mr. Murphy- you should immediately have her consult an experienced Business Attorney ASAP to preserve her rights and determine any valid Counterclaims and Defenses.
I provide free initial consultation and have 30 years experience in Business Law and corporate matters in MN.
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