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SOS SUMMARY JUDGMENT HEARING 9 days away Don't you have to be properly served in a lawsuit? COUNTERCLAIM Obstruction of Business

Akron, OH |

I am a shareholder in a 'buying group" located out of state. 25+ years I was very active in group. A new 'manager" came in as one retired.
had a balance due of 20,000. when I had a stroke & went "lights out" ended my doing business while I recovered.
I made payments past 3 years approx 15,000. had a second stroke one year ago & have not made recent payments.
Case filed in their state I was never served & just found out about this was filed in SEPT. & Nov 15th summary jmt filed & hearing set for 9 days from today.
They sued me for 20K w 2010 invoice w no mention of any payments I made.
The stock I pd 30,000 should have value.
The "new" mgr states in his affidavit I was a shareholder until 2008?? I still am??
Don't you have to be properly served? Is that true in MN?
Can u letter reg mail?

I am still a shareholder. My yr end dividends should applied to balance but not for 5 yrs. Don't you have to be properly served or do certain states allow for a plaintiff to simply send a letter reg mail frm P attorney saying consider yourself served....32 days s judgment was filed. Can I still file an answer? Would i do this "instanter? A counterclaim? there are facts could cx out entire 20,000. + facts they actually cx'd my accounts w manufacturers & prevented me from ordering or even sending in warranty repairs which really hurt my customers & was nail coffin ending thriving business of 30 yrs in which I was a pillar in community & now nothing...... Last corp is named as plaintiff & I personally dba xyz company named as defendant MY reg as a bus. entity expired June 2013, which I recently found out .. I went to open a chkg acct. to restart my business, & they filed this claim in Sept. 2013. Does this have any bearing?

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Attorney answers 1


Wow, I'm sorry to hear of your troubles. Unfortunately, your situation is way too involved and complex to get any sort of meaningful advice on this forum. Because you are in active litigation, you need to immediately consult with a litigation/business attorney in the state where the suit was filed. Failure to file timely pleadings/motions and asserting proper defenses and counterclaims may result in you waiving a claim or a defense, and may even result in judgment being taken against you. If suit was filed in MN, you need to immediately search for an attorney there to assist you. You can search on Avvo or contact the local bar association for a referral. Best of luck to you.

I am licensed in the State of Ohio, posting a response to your question or issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights--or rights to recovery of damages.

Andrew Michael Korduba

Andrew Michael Korduba


You need to consult and hire a lawyer to help you. ASAP. Immediately. Do not delay.