how to file objection against a vacating default judgement

[slu]

What is the name of your state (only U.S. law)? New Jersey

I got a default judgement against a home improvement contractor, I called him a few days ago trying to settle the judgement amount with him. He then hired a lawyer filing a motion to vacating the default judgement probably spending my money.

His lawyer's arguement is that

our complaint was filed against him personally, but the contract we have is with his company, a limited liability company;

I plan to file an objection against this motion, please advice whether following supports make sense:

1) he is the person who wrote the contract proposal, his signature is on the contract stating that he is the owner/president of the company;
2) He provided us his office address which is the same as his home address which indicated that he is the sole owner of the company;


Any advice would be highly appreciated.

A female home owner who ripped by contractors badly.

 

[Ronin]

You might be able to argue that since he was duly served and did not properly respond to your lawsuit and raise this defense prior to the default judgment, he waived this defense.

Beyond that your two objections by themselves may not hold much water if he was properly acting within the scope of his limited liability company. In this case the company itself would need to be named in the suit, and possibly including the individual who acted in its behalf.

If the attorney prevails on his motion, you should be able to keep the lawsuit alive by countering with a motion to add the company as a party to the suit, or alternatively refile the lawsuit, depending upon how the judge rules.

 

[libra58]

What is the name of your state (only U.S. law)? New Jersey

I got a default judgement against a home improvement contractor, I called him a few days ago trying to settle the judgement amount with him. He then hired a lawyer filing a motion to vacating the default judgement probably spending my money.

His lawyer's arguement is that

our complaint was filed against him personally, but the contract we have is with his company, a limited liability company;

I plan to file an objection against this motion, please advice whether following supports make sense:

1) he is the person who wrote the contract proposal, his signature is on the contract stating that he is the owner/president of the company;
2) He provided us his office address which is the same as his home address which indicated that he is the sole owner of the company;


Any advice would be highly appreciated.

A female home owner who ripped by contractors badly.

For Future Reference, Anytime you have to file suit against a corp. entity You can check the Corp. filings @ nj gateway business services online, search for the specific business entity and purchase a status report ($5) You will find the name of the "agent" as well as deliverable address for process of service.