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I went to a hearing in civil court, I am the plaintiff, and,

from legal counsel, I needed...
I went to a hearing in civil court, I am the plaintiff, and, from legal counsel, I needed to ask the judge for a continuance of my case to allow me time to serve the "correct" party. (I had served her as an individual, but should of as a "corporation"). I did ask the judge, with no response actually, however, at the same time, a Bill of Particulars, as well as a Grounds of Defense was ordered by the judge, and a trial date was set. My question is: Do I still need to "serve" the correct party, since a trial date was set on this matter?
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Answered in 3 minutes by:
4/1/2009
Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24,870
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
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What is the underlying case about? Who did you sue and who do you want to sue?
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Customer reply replied 8 years ago
I am suing my ex-employer for un-paid food service equipment I purchased for her. I sued defendant as "Name" Ind.T/A "Business Name" but her business is a "corporation". I want to sue the individual actually, however I do want to sue the right party in this case, so I won't "default", so to speak.....

A couple of things here.

 

Is this a "one man" (or woman for that matter) corporation?

 

Why did you buy the equipment for her or the company?

 

How much was the equipment?

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Customer reply replied 8 years ago
I believe it is a "one woman" corporation, because when I looked it up,it just has her name, but there is an "agent"?... I purchased equipment for her to help her build, run, and maintain her restaurant/business. It was newly opened when I began work there as her Kitchen Manager. I spent over $1,600.00 in equipment.

Then I would file the complaint as follows - against her personally AND against the corporation.

 

That she personally told you buy the equipment on behalf of herself and/or the corporation.

 

OR

 

That she had the apparent authority as an officer, owner, employee, and/or agent of the corporation to direct you to purchase the equipment for the corporation.

 

You are allowed to sue in the alternative. Let the her make her arguement about who you purchased it for.

 

However, if I had my druthers - I would want the judgment against her first and the corporation second.

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Customer reply replied 8 years ago
Please clarify part "You are allowed to sue in the alternative, let her make her arguement about who you purchased it for..... and please clarify "I would want the judgement against her first, and the corporation second...

You can state multiple causes of action in a complaint. For example - in extreme cases - 1) a breach of contract, and 2) a tort (a civil wrong).

 

In your case - she owes you either personally or the corporation owes you - it's one or the other.

 

I would want her to owe me because usually it's tougher to go after the corporation rather than her personally for the monies. You can go after the corporation for the monies though.

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Customer reply replied 8 years ago
So I understand, I dont need to serve the corporation now, leave things the way they stand, and file my garnishment towards the corp. when its time to get my money....correct?

You can let matters go and proceed against her individually. If the case gets thrown out as against her - then you will have to file against the corporation.

 

I would try to alleviate having to file again against the corporation - and ask the judge to be able to amend the complaint to include the corporation also. That would save you from having to pay the costs twice.

 

The judge will allow you to do such given the circumstances/facts of your case.

 

The trial does not have to be postponed or anything - she couldn't or wouldn't be prejudiced in any way to now serve the corporation because she is already aware of the civil action.

Law Pro
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Category: Business Law
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