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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90257
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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About 6 months ago I lost a small claims case in FL regarding

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About 6 months ago I lost a small claims case in FL regarding collection of $4800 in unpaid engineering T&M fees (of a total of $8800) to a designer based upon a verbal contract. I did get a check made out to my company 'XYZ' for $4000, but to be clear $4800 remained unpaid. I filed a small claims 'statment of claim' using my name (John Doe) not my company 'XYZ,LLC'.
I lost the case. Althought the Judge stated my claim had merit ....the judge in her ruling said I needed to have an engineer state as my witness that my charges were fair & reasonable... under Quantum Merit.
Question: the claim should have been from my company 'XYZ' and not myself (John Doe). Can I reopen the case after this time because the damages to my company still exist??
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 years ago.
If they owed your company and not you, then you were not the proper party to sue. The problem is that now, the other party will argue "res judicata" (meaning "already decided") if you file, but your counter argument is that as the first suit was not filed by a party with proper standing it was not a valid suit. Thus, you should file the suit by the company and present witnesses who can testify as experts as to your fees being reasonable.


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Customer: replied 3 years ago.

To be clear I (john Doe) own XYZ,LLC but now that I review them the invoice, emails, and their check was to XYZ,

 

Also... I have a second case against the same designer for another job whree they paid with check after recieving the work then stopped payment on check (FL 832.04 check fraud). Last week the judge asked me to refile my statement of claim using my corp (XYZ,LLC) because in he words, the stopped check and the claim was to 'XYZ,LLC'....and not me (John Doe) as my original Statement of claims says. I am refiling a new statment of claim for this 2nd case.

Expert:  Law Educator, Esq. replied 3 years ago.
An LLC is a separate entity that can sue and be sued on its own accord. Thus, you suing made you the improper party as the company as its own judicial person was the party with the right to sue.

Again, the second case, the company is the proper party and you as owner do not have personal standing to sue for the company, the company must sue.
Customer: replied 3 years ago.

Do you think i should pursue refiling the first case;or not. If I do persue refiling the first case would I be responcible for their atorneys fees for the first failed tria of the first failed casel??

Expert:  Law Educator, Esq. replied 3 years ago.
Before you refile the first suit, you need to get a local attorney to review the actual ruling of the judge in the case, which I cannot do. As I said, since you were the improper party you have the argument that this is a new suit and the first suit was invalid.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90257
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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