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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13291
Experience:  Experienced Licensed Attorney
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I was a bookkeeper for a Ltd restaurant in Virginia. I believed

Customer Question

I was a bookkeeper for a Ltd restaurant in Virginia. I believed I was signing a payment guarentee on behalf of the restaurant. The vendor filed against me in Wisconsin and the Judge decided against me and granted their attorney judgement dated 4/26/2013. Now I received a document stating I need to send all my and my spouse's financial information to the attorney representing the vendor. The letter was delivered by regular mail but appears to be from the Wisconsin Clerk of Court. Must I give them the information? Also, can the restaurant appeal to remove me? When I first started I was given a power of attorney to sign documents on behalf of the restaurant. Does that have any bearing?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Did you sign a personal guarantee with this vendor on behalf of the restaurant?

Are you still employed by the restaurant and is the restaurant still in business?
Customer: replied 1 year ago.

The restaurant went out of business in June 2012.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Did you sign a personal guarantee with this vendor on behalf of the restaurant?

Did you contest original lawsuit seeking judgment against you and lost?

What is the amount of the judgment against you?
Customer: replied 1 year ago.

I thought is was on behalf of the restaurant however the info says I was guarantying payment. I sent a letter to the court and the attorney stating that I was signing on behalf of the restaurant. But the judgement was given anyway. I was notified today of the judgement so I have not contested. That is why I'm requesting info. The amount is $5,542.61.


 

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Were you properly served with the summons and complaint to this lawsuit?
Customer: replied 1 year ago.

Yes. A sheriff in Virginia Beach served me at my house. I refused the documents for the LLC since I was not their agent.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Do you now live in Wisconsin and was the judgment obtained against you in Wisconsin court?
Customer: replied 1 year ago.

I have never lived in Wisconsin. I have lived in Virginia since 1983. The judgement is in La Crosse County, WI

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Do you know if the judgment from Wisconsin has ever been domesticated in Virginia where you are residing?
Customer: replied 1 year ago.

As far as I know it has not. The notification letter I received today was from WI informing me of the judgement and to send financial info the the vendors' attorney.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unless the judgment creditor from Wisconsin domesticates this judgment from Wisconsin through the Virginia court, and you would receive notice and would be able to contest such domestication, the judgment creditor would not be able to enforce such out of state judgment in the state of Virginia and thus the attorney's for the judgment creditor would not have jurisdiction to subpoena or force you to comply with their information request in aid of execution of their foreign (out of state judgment).

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13291
Experience: Experienced Licensed Attorney
Alex J. Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your quick response. I have not worked since the restaurant closed and my husband has been laided off. This has been very stressful.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Pat,

Thank you for your follow up.

I completely understand and if the attorney for the judgment creditor attempt to domesticate this judgment in your home state of Virginia, you will be entitled to notice and will have your day in court to contest it.

I wish you all the best and may GOD bless you!

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