Los Angeles, CA asked in Business Law and Civil Litigation for California

Q: I have a business and a lawsuit has been filed but I have not been served, can I file a cross complaint?

The lawsuit filed has frozen my ability to finance against my properties which is causing severe damage to my business. I believe the plaintiffs strategy is to block my ability to secure the financing I need to operate my business and I am confident my cross complaint will force a mediation.

3 Lawyer Answers
Sagar Parikh
Sagar Parikh
Answered
  • Beverly Hills, CA
  • Licensed in California

A: Yes, you can file a Cross-Complaint along with your Answer to the Complaint.

A full consultation would be necessary to properly advise you.

1 user found this answer helpful

Glenn B. Manishin
Glenn B. Manishin
Answered
  • Warrenton, VA
  • Licensed in California

A: You really mean a counterclaim. But if the complaint had not been served within the applicable time limits -- 90 days for federal court and different limit In state court -- there is no risk of an adverse judgment. You should consider moving to dismiss the case for lack of prosecution if you are not served promptly.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Brooklyn, NY
  • Licensed in California

A: If you haven't been served, how do you know you've been sued? Do you have a copy of the complaint? You can contact the court clerk for a copy in order to begin the response and any countersuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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