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Question about business/contract law breach of contract and…

question about business/contract law breach of...
question about business/contract law
breach of contract and file a complaint
I like to consult with an attorney preferably from ILLINOIS
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Customer reply replied 9 months ago
I have a small business, one of my customers breached the contract and I had to file a complaint last Friday. Today I noticed that there were some errors in the complaint that I filed.
Answered in 7 hours by:
8/28/2017
DamienJD
DamienJD, Attorney
Category: Business Law
Satisfied Customers: 4,814
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Are you saying that you filed a complaint in court and now you notice that there are some errors in the complaint? Have you served the complaint yet?

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I see you already had a question recently? Is this a duplicate question? Did you want to follow up on that question?

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Customer reply replied 9 months ago
Hello,
Yes, I filled the complaint at Dupage County courthouse-IL , then noticed that I should be filed it at Cook County

Have you served the complaint yet?

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Customer reply replied 9 months ago
here is a summary of the situation:
about breach of contract by my customer- our contract is between corporation (A) and my company, regarding design and staging a property located at Illinois. this contract signed by the corporation's owner (Mr. E) that lives in New York.
I filed a complaint and put (Mr. E) and his residence address in New York as a defendant. I also ask from the sheriff to serve him in the New York address.

Did the sheriff serve the papers yet?

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Customer reply replied 9 months ago
Then I found out that I should file the complaint at the same county of the job was located (which is Cook County), so I filed another one in this county, I put the Corporation (A) and the job address at Illinois as Defendant, this complaint filed online and it's pending now,

You are not answering my inquiry.

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Customer reply replied 9 months ago
My question is, should I maintain both complaints? since the first one serves the owner of the corporation at his address in NEW YORK and the second one will serve the corporation and the property located to this corporation, which is the job site at ILLINOIS
Customer reply replied 9 months ago
Or I should cancel one of them? can I cancel it or what should I do?

You cannot have both complaints open. The reason is that it all stems from the same set of facts. So, you would want to withdraw one of the complaints and amend the other complaint to include all of the defendants, facts, and claims against those defendants.

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Customer reply replied 9 months ago
for the first complaint seving not done yet, but I request it by mailing the paperwork to NY Sherrif office last Friday afternoon, they probably didn't serve yet

You would want to contact the sheriff asap to put the service on hold until you rectify this situation.

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Customer reply replied 9 months ago
I filed the first complaint on last Friday around noon and the second one on Sunday night (online) which is pending acceptance

You can contact the courts to withdraw the complaints and draft a new complaint to file in the proper jurisdiction.

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Customer reply replied 9 months ago
should I put the corporation name, and the owner name as defendant name? and the job site and owner's address at New York as defendant address?
Customer reply replied 9 months ago
By the way, I just called Sherrif, they told me they didn't receive the serving request yet, I think you will receive it by the end of day

If you include the corporation, you would put the corporation's address in the complaint and serve the corporation. If you want to personally sue the owner also, you would include the owner as a defendant and serve the owner either at the corporation or at a home address if you have it.

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Customer reply replied 9 months ago
Does serving the corporation( which is the property owner) creates a title cloud that affect selling of this property?

Yes. It a lawsuit could cloud a title if the lawsuit pertains to the ownership of the real estate.

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Customer reply replied 9 months ago
can I ask to transfer the serving for the first complanit to the second complaint, since the serving is correct

I am not sure what you mean. You have two complaints filed in two different jurisdictions or venues. You cannot transfer one to the other.

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Customer reply replied 9 months ago
I should dismiss the first one and cancel the serving at NY
then
add the NY address to the second complaint and ask to be served at NY?
Customer reply replied 9 months ago
How should I cancel the first one?should I call or I should go to the County?

If you do not want the first one served, then you should withdraw it and cancel the service. You would contact the court clerk to see if there is a form you can quickly complete. It is better to show up rather than call.

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I have been happy to answer your follow-up questions. If you need further assistance, let me know. If not, I hope I provided excellent service and that you provide me with a 5-star rating so I can get credit for helping you. Best regards.

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Customer reply replied 9 months ago
thanks
acceptable

You are welcome!

DamienJD
DamienJD, Attorney
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