Web Design Lawsuit
Atlanta (GA)
QUESTION
A person that I previously designed a website for back in 2005 has filed a lawsuit against me in small claims court about 1 month ago. However, I have not been properly served yet because the person filed the lawsuit in a county where she lives and not where I live.
I will be relocating to another state within the next 2 weeks due to job situation.
Will the lawsuit subpoena be sent to me in the new state in which I will be a resident of in a few weeks, or will it not be possible for me to receive proper service given the situation?
The person is suing me due to them feeling that I "breeched" a web design contract- which I didn't.
Thanks,
ANSWER
You may have several defenses in this lawsuit.
Have you been served the summons? If so, you can't sit back and claim the person filed the case in the wrong county. Instead, you must file a motion to dismiss regarding the plaintiff's failure to file in the proper county and the limitations defense (if applicable). If you haven't been served and you intend to move out of state, you have several choices on how to handle the matter.
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