I'm French citizen, living in France, my LLC, local company in France. I have no relation to US, not me, not my LLC have no properties, no contracts - NOTHING. Company never had any assets or properties in US. Plaintiff brought fake contract to Court of California. Contract has no legal witnesses (no ground for jurisdiction),
Plaintiff presented only false facts in the suit, (misrepresentation) and used Court proceeding for malicious prosecution (misconduct). Judge ordered to file answer by LLC, otherwise he might proceed with default. But I do filings pro se for more than a year. I filed pro se Motion to dismiss for lack of merit, where I disclosed all false facts, misrepresentation, and misconduct.
I'd like to prevent default decision against my LLC before it is entered. I have no money for US attorney. I'd like to use FRCP 60(b) - (3) fraud, misrepresentation, or misconduct by an opposing party.
I already filed an affidavit saying that my LLC is a local business, dormant company based in France.
Can I file as Defendant pro se Motion to Set Aside the Entry of Default in relation to my LLC?
Sorry that you have to go through this, especially in Federal Court. Unfortunately, a pro per litigant cannot represent a corporation or LLC in Court without an attorney. Assuming you are in the California Central District, you should review Local Rule 83-2.1. You can try to petition the Court with a showing of extraneous circumstances, but I cannot say how the Judge will rule. However, since the LLC is in France with no US assets, it might not even be worth your while to defend the French LLC. Best of luck.
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You want to set aside a default before the default is entered? File the answer and contest the case. Unless I’ve missed my FCRP... rule 60 on
Y applies after there is a judgment. Not sure why you think you’re headed for default but your better trying this on it’s merits. If the circumstances are as you state they are are why hasn’t there been a 12(b) motion for failure to state a claim or lack of jurisdiction.... something is not adding up here....
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Your latest posted question: You keep digging the hole that you yourself are responsible for. Stop digging. The more you do in that court the more it seems that you agree to its authority.
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