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I own a S Corp that has been in business since 2006.

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Hi there, I own...

Hi there, I own a S Corp that has been in business since 2006. Recently a lawsuit originated in NY by another company claiming some unpaid invoices. They filed a suit at the NY Court District. I hired a lawyer in NY. We are based in GA. My case went before the judge and were told it was too small to handle in court. Judge asked to get the suit settled. I reached an agreement with the creditor and the 11th hour they included some additional verbiage to the agreement that does help the matter. I couldn't keep paying my counsel high fees. I asked to withdraw. The motion was accepted and they are telling me that if i don't appoint a new lawyer, the creditor will get a judgement.

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

Meant doesn't help the matter

Lawyer's Assistant: Has anything been officially filed? If so, what?

I received an email today from my lawyer in NY stating that the judge approved their withdrawal and giving me a 30 day window to hire a new one or they will file for a judgement. Yes the opposing counsel filed 8 months in the United States District Court.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is so much more to tell! I never had any direct dealing with this company out of NY nor have signed a contract.

Submitted: 4 months ago.Category: Business Law
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Answered in 1 day by:
3/29/2018
Business Lawyer: DamienJD, Attorney replied 4 months ago
DamienJD
DamienJD, Attorney
Category: Business Law
Satisfied Customers: 5,383
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

It sounds like there was a summary judgment motion wherein the Judge will or did rule in the creditor's favor.

Do you know the status of the case (where it is procedurally)?

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Customer reply replied 4 months ago

I refer to the company as a creditor; actual they are a tier one freight forwarder. I have never had direct dealing with them. My local freight forwarder in GA, books containers for overseas shipment to be filed and transported from GA onto the ship in Savannah. back in 2014 some shipments got in some trouble due to war conditions at the destination port. The cargo vanished! all is lost. The company out of NY filed a suit in NY. I never had any dealings with them.

These the exact words from my attorney:

The court has granted our motion to withdraw as counsel in this matter. Per our previous discussions and the court's order, a default judgement will be entered unless my company has a new attorney appears on my behalf by April 27, 2018.

Why I meant by my statement didn't help the matter - we reached a settlement by the end December 2017. The opposing counsel agreed to it. Shortly after he revised the agreement by adding verbiage to allow another company out of GA to sue if they decide to pursue it.

Business Lawyer: DamienJD, Attorney replied 4 months ago

I am not quite sure about the procedure in the case unless I reviewed the documents, but it appears that what is happening is that since you have a company, it must be represented by an attorney. In other words, you have to have an attorney represent corporations, a corporation cannot represent itself (at least in New York). Therefore, if you do not get an attorney, then the company does not have representation and apparently will go into default.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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