Defense for breach of contract

I did not finish my employment contract with my company. I consulted a lawyer for possibility of contract fraud and I was told that there is possible fraud but did not advise me to initiate litigation due to possibilty that my damages is lesser than the amount that my company's damages might collect from me.

I want to know if ever I will just wait for now and in case my company will sue me later for breach of contract, can I use this (fraud claim)
as my defense.
I also did not tell my company of my whereabouts, is it possible for them to file legal suit and win a court order against me without my knowledge?
Please reply. Thank you.

1 answer  |  asked May 1, 2005 12:28 AM [EST]  |  applies to Texas

Answers (1)

Trey Henderson

You may wait to file your counterclaim against the company until it files against you as long as you are within the proper time limits. I would consult your lawyer again for the different statutes of limitations for the claims you discussed with him or her. If the company tries to sue you but cannot locate you, it is possible that a judge could order an alternate means of service and have you deemed served without you actually receiving notice. My advice is to accept service if you hear that they are trying to serve you. Again, you should consult your attorney about this issue. It is not something I can explain in a few sentences.

posted by Trey Henderson  |  May 1, 2005 08:42 AM [EST]

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