Norvergence went bankrupt and now the leasing company is suing me! What do I do NOW?

Update 3-10-2006

Ok, I'll get right to the chase:

First thing to do when facing a lawsuit from a Norvergence Leasing Company; get them to send you all the paperwork they have that pertains to the case. By disclosure laws, they must provide the defendant and his attorney all documents, evidence, etc that will be used in the case. Put your emotions to the side. Take a breath, and get your head in the game.

After you receive notice of the lawsuit (pending or actual) you have a certain amount of time to respond. It is very common to contact the law firm issuing the suit and requesting an extension while you prepare your defense. Do it. You attorney will guide you through this process. If you don't have an attorney yet, stop reading and GO GET ONE.

When you get the documents & contracts, carefully look over them and compare them to copies you have. Look for the SLA, if you don't have one, click here to view the SLA (ATM Service Level Agreement) that was SUPPOSED to be included in every lease from Norvergence. Pay particular attention to the TERMINATION clause at the bottom.

Watch for details like signatures, who signed what, dates etc. If there are any discrepancies, review them with your attorney. Your next move is up to you if you find anything, but a word of advice from a guy born and raised in Brooklyn New York:

If you have evidence of fraud, CALL YOUR ATTORNEY and tell her / him. Seek professional advice about the magnitude of the possible crime (yes crime, I said it).

Be bold. Have your attorney call the person who signed the paperwork and validated that it was true and correct. There should be a copy of such a form in the package they send you. Inform them that you have found evidence of fraud (do not be specific, no matter how pressing they are) and inform him or her of your intent to counter sue as well as contact your local FBI office to start a possible criminal investigation of this crime.

At this point, the attorneys will sit down and hash out the details about how they will drop the whole thing if you do. This is not a scenario. This has already happened.

So remember, the devil is in the details. in this case, the devil is NOT on the leasing company's side. They have lied so many times about so many things they can't keep it all straight. If you are diligent you will find something, just look.

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