Legal Question in Civil Litigation in New Jersey

Re: Unsolicited fax and consumer fraud act

You have provided almost no information concerning the lawsuit against you, but you are asking only a limited question, how to get an extension of time to file an answer to the lawsuit. Individuals named in the lawsuit can file an Answer for themselves and defend themselves without an attorney; they can also ask the opponent to agree to extend the time to answer. Corporations can not represent themselves, and must hire an attorney to defend, no choice in that. However, the individuals would be very foolish to try to defend themselves. Even if you believe the lawsuit is nonsense, you really must retain an attorney to advise you and defend you. It is likely that one attorney could defend all of the defendants, but I would need a great deal more information to confirm that.

Please hire an attorney to defend the lawsuit.

Since you are located in California, you should hire an experienced civil trial attorney who is located reasonably close to the Courthouse where the lawsuit was filed.

Please contact me for further assistance.

Re: Unsolicited fax and consumer fraud act

I see from your question that you have connections with both California and New Jersey. A complete answer to your question would require an understanding of these relationships as well as a better understanding of how you (personally) are involved. I would also need to know which court is involved and when, how, and upon whom the summons was served.

If you are not an individual named in the suit, there is little that you can do by yourself in terms of direct contact with the court. Except in Small Claims court, a corporation must be represented by an attorney licensed to practice in the jurisdiction of filing. Someone authorized to act for the corporation (perhaps you) needs to retain a lawyer. That lawyer can then take care of getting an extension of time.

If you need more information, you may contact me using the information contained in my posting.

Re: Unsolicited fax and consumer fraud act

An extension is a simple request you would make to plaintiff's counsel. Some counties (for example, Los Angeles) even have local rules that practically mandate automatic extensions of time in which to respond to complaints.

But more fundamentally, have all three defendants been served? If not, the unserved defendants should not be asking for an extension.

And was service proper? There may be an advantage to moving to quash.

Finally, is there a valid claim made? If not, then perhaps you need to negotiate a dismissal or nuisance settlement with the plaintiff.

Also keep in mind that a corporation cannot appear in court unless it is represented by an attorney. There are no exceptions.

You need to speak to an attorney familiar with civil litigation and perhaps with the TCPA (which is the federal version of the act that provides for civil damages due to unsolicited faxes). We are civil litigators, and we are familiar with TCPA claims. If/when you are ready to proceed, please feel free to call or email us.

Re: Unsolicited fax and consumer fraud act

A corporation can NOT defend itself except through an attorney. When its Answer [or other pleading] is filed, it should also respond on behalf of its officers, board members and employees [whether current or past]. Unrelated/unknown people will have to fend for themselves. An extension can generally be obtained from plaintiff's attorney, or by motion from the court. Before filing an Answer or other pleading, decisions have to be made about strategy, proper court, etc. You/it needs to hire experienced counsel ASAP. Contact me if interested in doing so.