Legal Question in Civil Litigation in New Jersey

supoena

I moved my business of mweb space leasing from NJ to NC in May 05. I did shut done the NJ business in Dec 04 and started back up in NC in May 05. I leased space to a client in Sept. of 05 who has caused a civil suit to be brought against me and my company which is a sole propriership. The suit was filed in NJ. Am I responsible for the content others posted I have a terms of service agreement that states I have nothing to do with the web space once it is leased the client is on thier own for posting and managing. I do want to give the party who filed the suit the mane of the person who was my client.But not until he goes through the proper channels. The alleged infractions took place around Dec of 05. Is my company or myself libel if I am in another state? And if so how do I go about getting it resolved?


Asked on 1/24/06, 8:28 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: supoena

If you are being sued in New Jersey, you must file an Answer to the Complaint as stated in the summons. If you fail to do this, you will lose the suit by default and a judgment will be entered against you. The nature of the cause is such that a proof hearing may be required to determine the amount of damages, but, if you have not answered, you may not be represented at the hearing. Once a judgment is entered, NC and every other State must enforce the NJ judgment if it is requested to do so. The message is that you must file a legally sufficient Answer to the NJ Complaint.

For the moment, forget about providing the other side with information or negotiating with them. You must file a formal Answer in the form specified by the NJ courts in order to preserve your rights.

Since the suit is against you personally, you could represent yourself. This is not advisable. Unless you are thoroughly familiar with the law of your case and the rules of court, you may overlook good defenses or miss opportunities to gain negotiating room by filing any counterclaims that you might have. In addition, there is clearly a crossclaim against whoever posted the material on your site. If the plaintiff has not joined that party in the suit, there is the possiblility that you could have it dismissed.

This is not really the kind of defense that you should take on yourself. You need a New Jersey lawyer who can take up your defense. If you had representation here previously, you might contact that lawyer. Otherwise, you can contact me and I will help.

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Answered on 1/24/06, 9:03 am


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