I.  Send a letter to the opposing counsel demanding that the case be withdrawn and explaining why there is no contract or there is no breach of contract.

II.  Research to figure out whether or not there are counterclaims available to my client.  Many possibilities come to mind depending on the facts.  Some possibilities to consider including are fraud, unjust enrichment, interference with business, unfair trade, and defamation.

III.  File any answer and counterclaim and accompany them with detailed discovery demanding all the papers and list all the witnesses involved in the case.  Don’t forget to include demands that they admit or deny key facts.

IV.  Notice a deposition of the other side’s key witness as soon as possible.

V.    Prepare for summary judgment (where possible, no SJ in Virginia)