My dad is suing me for 'stealing his business'

This is a discussion on My dad is suing me for 'stealing his business' within the Business Contracts & Partnerships forum, part of the BUSINESS & FINANCE LAW category; Back in 2007, I left his business and started my own. He threatened I would fail but I did not. ...

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Old Jan 11th, 2012, 11:05 PM   #1
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Confused My dad is suing me for 'stealing his business'

Back in 2007, I left his business and started my own. He threatened I would fail but I did not. In fact, his business has closed shop and mine is going strong. He now has sent me and my brother (who also left him to start on his own) a summons & complaint. I didn't sign for it when it was served...I wasn't even at the store! They guy threw it on the register counter and left after writing down my employee's name.

The complaint says I stole his business, "usurped" his resources and stole private supplier information from him. It also claims elderly abuse. I haven't lived with him in 3 years (since I left to be on my own). He claims I violated the oral-agreement between us that says I was supposed to pay him $5,266 a month and an additional $2000 for each subsequent store I open after my first store. All of the these allegations in his 33-page complaint are false.

Additionally, 2/3 of the compaint is against my brother. Why then am I the one getting served? Shouldn't the summons only be relevant to his complaints against ME?

Please advise me on what I should do next.
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Old Jan 11th, 2012, 11:22 PM   #2
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Default Re: My dad is suing me for 'stealing his business'

I wish to inform you that the summons must be served upon all the defendants. In this regard you may file a reply in court that the charges against you are wrong. You may mention that there was no agreement and further you may demand evidence of the allegations. Further your father allegation that you will pay money can also be objected on the ground of lack of consideration to you. You may argue that when you are not getting anything then you cannot be forced to pay anything because the agreement lacks consideration to you. You and your brother along with other family members or persons known to you may give evidence in court that there was no such agreement and the claims are false. You may demand costs of litigation from your father.

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