Business Debt, Collections civil suit question

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KatherineGrace

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I have a drycleaner and I am being sued personally and not the corporation and the person who suffered alleged loss who brought in the article of clothing and there name on ticket is not the plantiff instead it is a friend who we never met on there behalf but not using our customers name in suit. Is this legal or can I have it dismissed based on wrong party? Although it sounds petty we have been in business 25 years with a great reputation and would like to fight instead of settling.
 
No Standing! No Jurisdiction!

Well, the main point of incorporating a business concern is to avoid exactly the kind of legal scenario you find yourself in and you should move to have it dismissed; sort of cut its legs off from under it right at the altar and from the very get-go!

Either this plaintiff does not have the slightest idea about suing a corporate entity, or knows and has chosen to ignore it in the hope of dragging a settlement out of you. But whatever the thinking the way he is proceeding at the present time, he is headed down a dead-end street since you are not to be personally named as a defendant in a lawsuit when doing business via a corporation and are hence covered by the corporate (cliché), or umbrella, if you like.

You also mentioned that the plaintiff is not the real party, whose name appears on the original transaction ticket, meaning that you now have a two-pronged reason to move for a dismissal, which would be that (1) the plaintiff has no standing and (2) the court has no jurisdiction over your person. But you have to be very careful and must remember a very important point when making this motion for a dismissal; it is imperative that you do this by noting on the front page of the motion that you are making a SPECIAL APPEARANCE. Also, do not, and I repeat, DO NOT, even attempt to argue any of the allegations or points of law related to the plaintiff's claims and/or causes of action.

And if after he is kicked out of court this time around, he is still persistent to actually follow up with suing the corporation, but dense enough to serve you personally with the service of process, you can repeat the same steps and same arguments to have the case dismissed once again. Because to sue a corporation, the service of process is made to the Registered Agent for Service of Process; this is the person you designated to accept service at the creation of the corporation.

fredrikklaw
 
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