Saturday, July 11, 2009

What is needed to legally drop a lawsuit in the state of Washington?

The company that built my home threatened to sue me for defamation if I did not take down a website that I created to document the problems that I and my neighbors were having with them. Eventually we agreed that I would take down the site when and only when the builder addressed a list of issues, and in return they would not pursue a lawsuit. The builder did eventually address all of the issues and that same day I did remove my website. However, due to some miscommunication on the builder%26#039;s part, their attorney went ahead and started a lawuit against me and I was served with a summons two days later. The builder now admits this was a miscommunication and they will get their lawyer to drop the lawsuit, but I am concerned that the courts have already been involved. The summons states that a default judgement will be entered against me if I do not respond within 20 days. What specifically do I need to do in order for the courts to recognize that the lawsuit has been dropped?



Thanks



What is needed to legally drop a lawsuit in the state of Washington?





You need to call the lawyer, and make sure that the builder has communicated with his lawyer. If the builder lied to you, and is still going to file a lawsuit against you, then you probably need to hire a lawyer on your own and file a coutnersuit. This sounds like a mixed up case - but once the builder talks to his lawyer, then the lawyer will go to the courthouse and file a petition to drop the lawsuit.



Be careful and good luck.



What is needed to legally drop a lawsuit in the state of Washington?



Make sure you read the letter thoroughly before you wonder what more you can ask. What I would do is make lists when you get the letter. Benefits and losses for you and benefits and losses for the builder. Then view them all side by side. Report It



Other Replys:The party that filed the law suit can file a Motion For Voluntary Dismissal prior to you filing an answer, before 20 days. If they don%26#039;t file such a motion before the 20th day, you should file a Motion To Dismiss on the 20th day stating the agreement to dismiss the case. Don%26#039;t file an answer until the motions are decided, they give you extra time to file an answer after motions decisions because if the case is dismissed you don%26#039;t need to answer. If the case is not dismissed by the motions, then file an answer with every counter claim you can think of, including all the issues you demanded because they are once again ripe for court review since they filed the law suit. If you can%26#039;t afford an attorney, go to the self help web sites and file motions yourself. They should have served a summons AND complaint on you. If they did not serve the complaint there is no law suit yet. The summons must be signed by the Clerk of the Court, not just the attorney, and the case given a court number. Sometimes attorneys threaten law suits with summons not signed by the Court and it is not a law suit until filed in court and served on you. If in doubt call the clerk of court to check the filing status of the case. And the Truth is an absolute defense to defamation, if what you said is true they will have a hard time winning against you. Good luck!

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