Results 1 to 5 of 5
  1. #1
    Join Date
    Aug 2011
    Posts
    3

    Question Using Address Mismatch As a Defense (Plaintiff’s Address vs. Contract Address)

    My question involves court procedures for the state of: Nevada

    Let's say a plaintiff displays in court a written contract between me and some company ABC (I'll call it OldABC), address XYZ. It then suggests that according to that contract I own his company with the same name ABC (I'll call it NewABC), and with different address EFG in different state, some significant amount of money according to this contract.

    My research shows that the OldABC company was never registered at the address XYZ. In fact it was not even registered in the state where address XYZ belongs to and where the contract was signed. There are still some connections which can be proven to exist between NewABC and address XYZ, such as one of NewABC company agents/officers, acting on behalf of some other company may have once rented an office or residence at that address in the past.

    So my question is: given that I have no way to verify that company NewABC is or a successor of company OldABC and they probably have no way to prove that too (since the only thing known about that company OldABC from the contract is its XYZ address) what do you think of using this fact as a defense in this case?

    I've first considered a settlement with them but at the moment I can't even be sure that they are the original party with who I signed the original contract. Hypothetically they could as well be some other people who acquired that contract in some way (e.g. illegally from their previous employer) and registered a company with the same name in a different state.

    Side note: The contract itself was not really something I entered voluntarily, but instead was a result of unfair business practices from a 3rd party side. This things aside, I don't want to go through burden of trying to void the contract and I'm looking for an easier way out.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Using Address Mismatch As a Defense (Plaintiff’s Address vs. Contract Address)

    If you sue in the wrong venue, the normal response is that the person sued in the wrong venue moves for a change of venue.

    If you sue the wrong party, that's a whole 'nother issue.

  3. #3
    Join Date
    Aug 2011
    Posts
    3

    Default Re: Using Address Mismatch As a Defense (Plaintiff’s Address vs. Contract Address)

    In this case I'm being sued... And my point is that the plaintiff does not have a right to sue me as not being able to prove that they are the original party to the contract...
    I'm just not sure how exactly the court usually matches the party listed in the contract with the party who claims to be this party...

  4. #4
    Join Date
    Aug 2011
    Posts
    3

    Default Re: Using Address Mismatch As a Defense (Plaintiff’s Address vs. Contract Address)

    Since I'm not getting any replies (other than by Mr. Knowitall, thank you very much) I wonder if someone can:

    1) Recommend where I can research the topic I'm interested in? (specifically how exactly the state court in Nevada or other states would match plaintiff identity with the name in the contract when they addresses are different. Are companies required to be reigistered or can anyone just say they have a company such-and-such and here they have it?)

    2) Advice if I have chosen the right sub-forum? Maybe I should try more luck in Business law?

    Thank you.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Using Address Mismatch As a Defense (Plaintiff’s Address vs. Contract Address)

    You can seek information about the succession of the companies or assignment of debt through discovery, under the court rules for the court in which you've been sued, and if the plaintiff cannot document a right to sue for the debt you can bring an appropriate motion to dismiss.

    You can research case law through sites like Google Scholar and LexisOne.

    1. Sponsored Links
       

Similar Threads

  1. Discovery: How Hard is It to Get a Name and Address from an IP Address
    By kembabuster in forum Civil Procedure
    Replies: 103
    Last Post: 07-18-2011, 01:53 PM
  2. Arrest Warrants: A My Friend Used My Address for His Drivers License, but Has New Address
    By nanahara in forum Criminal Procedure
    Replies: 6
    Last Post: 03-09-2010, 10:17 PM
  3. Replies: 1
    Last Post: 01-17-2010, 07:22 AM
  4. Discovery: How to Subpoena an IP Address or Email Address
    By ZDriver1996 in forum Civil Procedure
    Replies: 1
    Last Post: 01-26-2009, 05:57 AM
  5. Legal address and college residential address
    By njpln in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-02-2006, 07:39 AM
 
 
Sponsored Links

Legal Help, Information and Resources