Legal question for lawyer types...

[Robbob]

Was at a wedding on the weekend and talked to a former fellow employee. Without getting into specifics turns out there is a civil suit against our former employer (a few years ago) and me and a couple other people where named in the civil suit. The funny thing is that at the wedding where I met the person he said that in a few weeks there is a pre trial confrence with the judge to see if it can be settled. The Funny thing is even though my name is in the suit I was never served. The person I talked was served. I've moved since the incident but my phone number is the same so it's not like I would be that hard to locate.

Anyways long story short, should I deal with this even though I have not been served (show up at the pre-trial confrence). just wondering what I should do because I don't think I can ignore this thing.

[snappyk]

I'd ask your buddy's lawyer. If you were named in the suit, you might want to be there.

[Andrew]

I am not expert on the matter but I was recently sued too and they did not serve me. To my understanding if they cannot find you to serve you they can obtain a court order to serve you in another fashion. they may post your name in the newspaper etc etc. This was how i was served.

[killer_carlson]

First step, relax. These things happen and the more organized you can be, the less stressful it will be on you throughout.
Second step, gather the information and organize it. Keep a file or binder that has 100% of the lawsuit information in it. Any peice of correspondence you get throughout should go directly into this file so that you always know where it is and where to find it. More importantly, the lawsuit is then out of your hair - not a couple papers on the kitchen table, some more in the TV room, some in the car etc etc.
Third step, go see a lawyer.

Call your buddy's lawyer and obtain copies of the claim, the defence, and any affidavits of service or Orders for Substitutional Service that may affect you. If there is a lawyer involved, they will normally fax these to you without much trouble. Self represented people on the other hand can get sticky about things like that. You may have to go to the COurthouse and have them make copies from you. Find out if it is Queens Bench or Provincial Court first.

Once you get that information, organize it, and then set up an appointment with a lawyer. Consider faxing the information into them beforehand so that they can have a quick review before meeting with you. Be sure to talk money with your lawyer from the get go and be prepared to drop down a retainer so that they will act for you.

My other general thoughts:

Read the pleadings clearly and see if you are actually a party to the lawsuit. Unless you are named as a defendant you won't be found liable in THIS lawsuit (there may be a related lawsuit after the fact).

Often in pleadings by self represented people there are the named defendants and then in the body of the claim there are many references to additional individuals that gets people worked up. While the pleadings can be amended to name you as a defendant, be sure to read the pleadings in the context they are written: - Just because your name is in the body does not mean that you are being sued -

If you are a party to the lawsuit then start collecting any information that may be relevant or material to the claim and organize it by date. Pass that along to your lawyer as soon as you can and do it in a lump sum rather than two pieces at a time.

If you need the name of a good lawyer or lawfirm, ask around and talk to people who you respect. The names of certain firms will consistently come up and that will help lead you in the right direction. Word of mouth is the best advertising a good lawyer can get.

[troutman]

Try to get a copy of the statement of claim, to see if you really are a defendant. Is this in Court of Queen's Bench? Small Claims Court (Provincial Court)?

Check with the clerks. Maybe the Plaintiffs filed an affidavit saying that you were served, in which case they could get a default judgment against you.

Find out who the plainitiff's lawyer is. If you need legal advice call the lawyer referral service through the Law Society of Alberta for a free consultation.

You could probably get an adjournment if necessary to get advice.

[flamesfever]

Great posts, killer_carlson and troutman.

It's sure nice to know there's people like you on this board, willing to give your time and expertise to help others.

[Robbob]

Thanks for the info guys. Going to call my former employer because they should have all the info. It's a gong show of a situation because basically we were working security and arrested a guy (to which he pleaded guilty) and from what I gathered he is trying to sue for damaged because his life was ruined.

[jolinar of malkshor]

Originally Posted by Robbob

Thanks for the info guys. Going to call my former employer because they should have all the info. It's a gong show of a situation because basically we were working security and arrested a guy (to which he pleaded guilty) and from what I gathered he is trying to sue for damaged because his life was ruined.

Ahhhh. I hate people who cannot take responsibility for their own actions. They always have to blame someone else. If this guy looses eh better be dinged with ALL the court costs.