Your lawyer friend is right. The defaulted party cannot participate in the litigation. The only time you can perform discovery is a post-judgment discovery in aid of execution in order to find out what assets the defendant has.
8 lawyers agreed with this answer
1 person marked this answer as helpful
Every defendant must be properly served in order for a lawsuit to be good, even if they live in another country. Also, if there are foreign defendants, you must then follow international rules on service of process. First, you look at the Hague Convention to check if the defendant's home country is a signatory. If it is not, then you follow your home state's rules for constructive service of process on absent or out-of-state residents. However, if the defendant's home country is a...
Selected as best answer
There is not enough information here at all to competently answer your question. It sounds like you are facing a tight deadline. You should download the latest Florida Rules of Appellate Procedure and figure out how to file an appeal. Remember, you will pay a court filing fee for the appeals both to the lower court and to the appeal court. You will also have a short deadline to file your initial appellate brief . Good luck.
4 lawyers agreed with this answer
An automated payroll deduction system through Quickbooks or Bank of America (and I'm sure a few other banks) could have solved your headache.
4 lawyers agreed with this answer
In addition to a shareholder and determination of ownership suit, it sounds like you may have to add counts for breach of contract and civil theft. Check your state's law, or the law of the state that controls your shareholder status, whether civil theft carries a treble damage. With treble damage, if you win you get triple damages, sometimes in addition to the actual damages. But, civil theft is harder to prove than a traditional contract lawsuit. It's sometimes worth doing because the...
5 lawyers agreed with this answer
Yes you can sue to determine ownership of the LLC as a means of enforcing the judgment.
3 lawyers agreed with this answer
Definitely legal to sell products you buy from retail outlets but not necessarily profitable. Be careful with counterfeit products though because you could be liable to both a civil plaintiff for damages and a government entity for fines.
4 lawyers agreed with this answer
You first need to consult an immigration attorney who can help you apply for legalization. That's the first step toward a future military career.
4 lawyers agreed with this answer
I believe the county is right.
2 lawyers agreed with this answer
I don't think so. It was a Chapter 7 discharge and it was less than 8 years ago.
2 lawyers agreed with this answer