I would like to update the case status and ask new questions. I am willing to pay for these new answers. Let me know if I have to post it as a new/separate question. The reason I am posting here is to make it easy for your to review/refer to this case and questions/answers.
Before posting the 1st question here on Oct 6th 2013, the court has sent the Calendar call notice and asked to respond no later than Sep 24, 2013. The letter also said "Failure to appear may result in automatic dismissal without prejudice"
When I checked with the court's clerk, to ask about that the LLC is not ready for trial now and what should I do, she asked to notify the Judge by a letter. As you know since I am not in a position to continue the Services of an Attorney, I made a letter and sent to Judge with a copy to Plaintiff's attorney saying:
Dear Judge Smith:
I would like to bring to your attention that I was forced to shut down my business in 2012. I am not able to hire an attorney to represent this case and hence I am self-representing as Pro Se.
Please accept this announcement in lieu of appearance at the Sep 26, 2013 calendar call. The defendant (xxx, LLC) is not ready for trial.
I know at the time of sending the letter, that a LLC cannot be represented as Pro Se and the Judge may not accept this letter. On Sep 27,XXXXXa letter saying the Trial on this case will be heard on Oct 28th, 2013 and pretrial orders are due in the Judge's office by Oct 18th, 2013.
At that time is what I posted my 1st set of questions here and you suggested not to send any letter as it will not have any effect.
On Oct 14th 2013, the Plaintiff's attorney has filed in court "Motion to Strike Pro Se Answer and Enter Default Judgment". I was periodically checking by phone with the court's clerk on the case status and there was no update to the files in court. I received a letter from the Plaintiff's attorney on Dec 20th 2013 with a copy of the "Order to Strike Answer and Enter Judgment" signed by the Judge on Oct 31st, 2013. Then when I called the court, the clerk that she don't have a copy of that judgment in court's file. I thought the Judge's office clerk may have not sent the copy to court's file!
Subsequently I received the Post-Judgement a) Interrogatories and a) Production of documents from the Plaintiff's attorney and they were filed in the court and when I checked at the court they also received the Judgment copy!
The Request for Interrogatories says:
COMES NOW the Plaintiff and files this, its Written Post-Judgment Interrogatories, pursuant to O.C.G.A. 9-11-69 and the Civil
Practice Act of the State of Georgia, requesting, John Doe, to answer under oath each of the Interrogatories set forth herein.
As the response was requested to be submitted by the member/manager of the LLC, I already submitted the response to interrogatories.
The Request for Production of Documents says:
"Enclosed please find Plaintiffs Post-Judgment Request for Production of Documents which are hereby served upon the designated Defendant pursuant to the Georgia Civil Practice Act.
COME(S) NOW the Plainiff(s) above and serve(s) its Request for Prodction of DOcuments and Things pursuant to O.c.G.A. 9-11-33 and 9-11-34, and demand(s) the Officer XXXX XXXXX a Response to this Request for Production of Documents and Things within thirty-three (33) days of service hereof."
I am preparing a response keeping in mind (operating this company at a business level and not at personal level) with all requested documents including Articles of Organization, LLC operating Agreement, meeting Minutes, Annual meeting minutes, bank Statements, Credit Card Statements, tax returns, payroll etc.......
Looking at the previous response made by my attorney for the initial request (before Judgment) for production of Documents he mentioned for all items/requests: "The documents in Defendant’s possession will be produced including the XXXXXXXXXXXX".
Kindly let me know:
1. If I should use the same type of verbage (The documents in
Defendant’s possession will be produced including the XXXXXXX) or
something like: "The documents in Defendant’s possession has been
enclosed / attached"
2. Should I redact the company's Tax ID Number, Bank Account
Numbers, Credit Card numbers?
3. Since I (as the member/Manager of LLC) was asked to respond, and
me responding without an attorney will have any impact like Motion to
Strike again indicating Pro Se factor?
4. Would any of this would enable the effect of "Piercing the Corporate
5. Do you foresee the changes of piercing the corporate veil?
6. Can "Charging orders" be enforced?
7. Any precautions / suggestions, that you have.
Please let me know if you need any additional details.
Awaiting your reply.
Kindly let me know: