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It is absolutely an adult form of bullying. Filing a lawsuit, though many will trivialize it, is anything but trivial. It requires time, energy, and most importantly, $$ to be spent on a lawyer. I'm still amazed that so many people go through with it for petty matters or fights. I've had customers rent a car from my company, damage it, and then sue us to try and recover the damages after we bill them for it. They spend double the cost of the damages to have their lawyer file the lawsuit, and every one has lost the lawsuit so far. So why do they even bother? Because it gives people in a less-powerful position some semblance of control/power (which, by no coincidence, is where bullying often comes from.) - "This car was damaged under my watch, they used my deposit to bill me, I signed a contract agreeing to this scenario, but I'm not happy about any of this and I'm used to getting my way, so I'm going to sue." Anyway - that's not advice, just background. My advice - if the situation is indeed as you present, is that as painful as it is, you need to defend yourself. If you don't, you risk the court entering what's called a 'default judgment', which is basically a loss on your part. I'm not sure what the amount is (you said it's more than you were paid, but I don't know what order of magnitude that is) - if it's small-claims-scale, you do not need a lawyer and you can defend yourself in person in court. If it's above the small-claims threshold, you'll need to take it a step further. In either case, I suggest you at least speak to a lawyer first. It will cost something, but it won't cost thousands to have a conversation, and it may not even cost that much to respond. One thing that's important to remember: It gets VERY VERY VERY expensive to take a lawsuit beyond the initial filing and angry-letter-exchanging phase. Nobody wants to go there - not the plaintiff, and not the defendant. Filing a response costs time and money, but after that, a world of pain gets opened up with discovery, etc. etc. And that's on both sides -- to the tune of tens to hundreds of thousands of dollars. So honestly, very few people actually want to go that far unless there is a lot of money at stake. So likely, you'll want to at least make contact with the plaintiff and figure out what they really want (it might be nothing more than making you pay for a lawyer to respond), but either way - get a lawyer and at least have a conversation. |
If it's in federal court on what seems like a breach of contract claim, then it's probably there on diversity jurisdiction and thus the amount of claimed damages is over $75,000. So probably not something he can take to small claims, unfortunately.
The real question is, who sues a student for > $75,000 for breaching an employment agreement?