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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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We were just informed yesterday that we have had a judgement

Resolved Question:

We were just informed yesterday that we have had a judgement filed against us. We had no trial. What do we do?
Submitted: 5 years ago.
Category: Business Law
Expert:  MShore Law replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Is the business a LLC, LLC, Inc, or is it run as a sole proprietorship or general partnership?
Customer: replied 5 years ago.
Expert:  MShore Law replied 5 years ago.
Thank you, XXXXX XXXXX business still in operation, or did it dissolve?
Customer: replied 5 years ago.
Still in business.
Expert:  MShore Law replied 5 years ago.
Thank you, XXXXX XXXXX retain counsel to file a motion to vacate the judgment on the basis that the corp was never served notice of the suit giving rise to the judgment, and the judgment is improperly issued as it names you in your personal capacity when the dispute is against the S-Corp not you in your personal capacity. Please let me know if you need additional guidance.
Customer: replied 5 years ago.
Need a bit more info. Not sure if our corp was ever served notice. We have been trying to negotiate payments but have fallen behind. The judgement was received yesterday...and not via certified mail...just reg snail mail.

My husband owns the company. I am worried they can come in and wipe out our bank account.
Expert:  MShore Law replied 5 years ago.
"Not sure if our corp was served notice." - this is absolutely critical, if the corp was served and failed to respond, there is no basis now to contest the judgment against the Corp or you, because both your husband and the corp acquiesced to the judgment by failing to respond.

A judgment is not required to be sent via certified mail. To the best of your knowledge, was the corp or your husband served or otherwise provided notice of the complaint giving rise to the judgment?
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