Defendant in Civil Court Case

[djd09]

what are they accusing you of...a misleading report

 

[Sadie]

Got a notice that I need to appear in court for a civil motion hearing in the regular mail. There is no mention of the complaint. Looked it up online, I can see the case, but I can't see the actual complaint. Looks like the case was filed 2 years ago the plaintiff owns a home I had appraised prior to them buying the property and the original defendants were the realtors. This is the first I was notified, I see other defendants appear to be like the home inspector, drywall person, etc. so I guess they just threw anyone involved around the sale and I'm not the main target.

Should I contact my E&O, will they jack my rates? Should I contact the court to try to find out what the complaint is? I'm guessing I shouldn't speak to any of the other defendants (they are not people I know). Is there any pitfalls I need to be aware of?

Definitely contact E and O. There is a chance they will cancel it you don't. They don't up your rates unless you use their services, but I think you might get a short consult with their attorney for free. Well, included with that premium you pay. They can have really good advise.

 

[Sadie]

Yes, attorney throw everyone into the sue soup. Your E&O will defend you, minus your deductable. Then you have to mention it on every E&O renewal for a while, even being innocent. Your E&O will not go up by being an innocent victum here. Listen to your E&O for what to do, or not due. That's what they are there for. Your own expertise advice will only get you into trouble. Speak to no one, period, until you talk to your E&O people.

I think its called a shot gun lawsuit.

 

[Sadie]

How do you do that without client permission?

Jurisdictional exception.

 

[djd09]

where are all the USPAP experts telling you that the buyer is not your client...that means they have no standing

 

[sputnam]

where are all the USPAP experts telling you that the buyer is not your client...that means they have no standing

They have no standing... but that fact only helps you once you are in court (or a pretrial hearing or something). If you've been summoned legitimately, you go to court or hire a lawyer to quash the summons.

 

[DTB]

Got a notice that I need to appear in court for a civil motion hearing in the regular mail. There is no mention of the complaint. Looked it up online, I can see the case, but I can't see the actual complaint. Looks like the case was filed 2 years ago the plaintiff owns a home I had appraised prior to them buying the property and the original defendants were the realtors. This is the first I was notified, I see other defendants appear to be like the home inspector, drywall person, etc. so I guess they just threw anyone involved around the sale and I'm not the main target.

Should I contact my E&O, will they jack my rates? Should I contact the court to try to find out what the complaint is? I'm guessing I shouldn't speak to any of the other defendants (they are not people I know). Is there any pitfalls I need to be aware of?

Seems like Maryland law requires the complaint be attached to the summons.

Junk mail at this point

 

[Tom D]

It is odd. Typically, the attacking attorney wants to first do a discovery, to see if they can find out that you actually did something wrong. Here it's go to court directly. This is interesting, please keep us updated. However, with your E&O attorney it may not go any further than this letter to appear.

 

[Terrel L. Shields]

I also imagine if the court sent me notice for a remote hearing I have to go and can let them know that I wasn't served.

If not served you don't go. If a witness check is not in your hand by court time, my lawyer told me to walk out. THEY HAVE TO PAY YOU BEFORE COURT STARTS, at least in Oklahoma.

 

[glenn walker]

I always go first to the AF for my legal, medical, investment and tax advice. This is one of the few places we can all benefit from free advice.