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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
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Experience:  10 years practicing IP law and general litigation
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Received a lawsuit against my corporation for a debt we owed.

Customer Question

Received a lawsuit against my corporation for a debt we owed. Negotiated a settlement for $2500. Made payments of $500 and $200. Yet, we received no paperwork on our agreed $2500 settlement and payments. We are in financial trouble. Spoke with plantiff's attorney and explained our situation. Still no paperwork. Today, found out the plaintiff's attorney went and got a summary judgement for the full amount and is now attempting to lien our bank. Says he can't do anything until he gets information back from our bank. What should we do?
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.

I hope this message finds you well, present circumstances excluded. The first thing you need to do, if it is not too late (within 30 days of issuance of summary judgment) is to file a notice of appeal of the decision of the lower court predicated on lack of notice of a hearing on summary judgment.

 

The appeal of the summary judgment should temporarily toll the enforcement of the order against you. After filing your notice of appeal, you should give the bank a stamped and filed copy of the notice of appeal and request that they not do anything on your account until such time as the appeal is heard.

 

If the bank is unwilling to relent, then you may need to go to a court in the county in which the bank sits and seek a temporary restraining order or injunction against the enforcement of the summary judgment order.

 

In getting back to the appeal, you will not be seeking the appellate court to make a determination as what debt is owed. You will seek for them to overturn the summary judgment based on the nefarious actions of the plaintiff and remand it back to the trial court for further discussion on topics such as the agreement you reached, the payments you made, etc. The goal would be to have the plaintiff forced to enter into the agreement that you originally entered into (you may want to ask for sanctions or attorney fees against the plaintiff attorney as well in view of his or her tactics).

 

In summary, you need to immediately file appeal papers from the summary judgment and you may need to seek a restraining order or injunction against the enforcement of the judgment and/or lien. In either event, this paperwork, after filed with the court, needs to be filed with the bank along with a written request to refrain from taking action until such time as the case is still pending in the appellate court.

 

Let me know if you have any additional questions or comments.

 

Best wishes going forward.

Customer: replied 1 year ago.

Do I need an attorney to file the appeal to the summary judgement?

 

If not, where in the court do I go to get the proper form?

 

What happens if the plantiff's attorney delayed so we would be beyond 30 days?

 

Thanks.

Customer: replied 1 year ago.

Our address and corporation is in Cook County, IL


 


The court papers are filed in Lake County, IL


 


What effect does this have ?

Expert:  Timothy D. Smith replied 1 year ago.
You are going to have to appeal in the county in which the papers were filed unfortunately.

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