Thursday, May 12, 2011

MY BUSINESS WAS SUED IN NEVADA - WHAT DO I DO NOW?

No Nevada or international business owner looks forward to receipt of a Complaint against their corporation or LLC. In Nevada, there is very limited period of time (20 days) to prepare a response to the Complaint. A response to the Complaint may be an Answer or a Motion to Dismiss. Not responding to the Complaint within the deadline allows the Plaintiff rights to file a Default Judgment against the corporation or business. Accordingly, upon receipt of a Complaint or other pleading, forward immediately to your business law attorney. If the Complaint is in a jurisdiction outside of the business’ home country, a business lawyer dealing with global entities will be able to assist in the resident state jurisdiction or forward to their law firm partners in the country of the lawsuit to ensure a strong and efficient defense against the Complaint.
 
Other points to consider:
  • Have a Nevada law firm as the business’ Registered Agent. Upon service of any Complaint, the law firm can act quickly to provide recommendations regarding responses to the Complaint and potentially negotiate a longer time to respond.
  • Ensure all business contracts contain provisions stating the jurisdiction of where disputes between the parties will be litigated or mediated. Ensuring a jurisdiction is stated in the contract eliminates costly fees at the outset of the litigation where parties may begin arguing what court, state, or country is the appropriate venue. Agreeing to a jurisdiction eliminates these costly fights.
 
Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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