Judgment domestication

[ispy1009]

What is the name of your state?What is the name of your state?Wisconsin

I live in Wisconsin, and a judgment against me in the State of Illinois has been domesticated to Wisconsin. I have filed a motion in the Illinois court to have the domestication vacated on the grounds that I was not properly served. My court date is 11/22/05, so I am hoping to get a response to my question immediately. The lawsuit involved a vehicle purchased by an Illinois corporation that my wife was an officer of. The corporation has ceased operations. Paperwork in the file indicates that one attempt was made to serve the registered agent, who is an attorney, but the attorney's office was vacant. The corporation owes her money and she is refusing to communicate with me, but I am pretty sure that she has not moved to a new location. The file reflects no additional attempts to serve the corporation, but another document in the file is a notorized affidavit from someone stating that they mailed service to me, my wife, and her father who was the president. It was regular mail, not certified. My wife was ceo. Her father is retired living in Mississippi, and has no assets for them to go after, so they are coming after us. I am wondering if mailing process to me in another state is proper service, or must they have served me personally, especially since they did not even serve the corporation. I am also wondering how they can file suit against my wife and me if we did not sign anything promising to repay this debt. I thought that was the reason to incorporate so that personal assets could be protected. If I can get this thing reopened, is there any chance my wife can avoid a judgment since she did not personally guarantee the debt. I suppose I was made a party to this because Wisconsin is a community propety state. I am not an officer of the corporation. Her father signed the contract as president of the corp only.

 

[JETX]

Where to start????

I live in Wisconsin, and a judgment against me in the State of Illinois has been domesticated to Wisconsin. I have filed a motion in the Illinois court to have the domestication vacated on the grounds that I was not properly served.

You are confused. You should file the challenge in WISCONSIN to the domestication filing. The Illinois (original) court has nothing to do with the domestication.

The lawsuit involved a vehicle purchased by an Illinois corporation that my wife was an officer of. The corporation has ceased operations. Paperwork in the file indicates that one attempt was made to serve the registered agent, who is an attorney, but the attorney's office was vacant. The corporation owes her money and she is refusing to communicate with me, but I am pretty sure that she has not moved to a new location.

Your post is confusing as to who 'she' is... the agent/attorney, your wife, the plaintiff???

The file reflects no additional attempts to serve the corporation, but another document in the file is a notorized affidavit from someone stating that they mailed service to me, my wife, and her father who was the president.

How did this suit against your wife get YOU involved??

It was regular mail, not certified. My wife was ceo. Her father is retired living in Mississippi, and has no assets for them to go after, so they are coming after us. I am wondering if mailing process to me in another state is proper service, or must they have served me personally, especially since they did not even serve the corporation.

They can serve an officer of the corporation... and yes, certified is NOT required.
Read 735 ILCS 5 Article 2 for valid service:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt.+II+Pt.+2&ActID=2017&ChapAct=735 ILCS 5/&ChapterID=56&ChapterName=CIVIL+PROCEDURE&SectionID=61842&SeqStart=2200&SeqEnd=3900&ActName=Code+of+Civil+Procedure.

I am also wondering how they can file suit against my wife and me if we did not sign anything promising to repay this debt.[/qutoe]
They can't sue you unless you were also an officer... but they can name her.

I thought that was the reason to incorporate so that personal assets could be protected. If I can get this thing reopened, is there any chance my wife can avoid a judgment since she did not personally guarantee the debt.

Depends on many factors.... including corporate officer liability, etc.

I suppose I was made a party to this because Wisconsin is a community propety state.

Not relevant... UNTIL the domestication suit is actually granted in Wisconsin.

Personally, I see several issues that might affect the validity of the Illinois suit... and even more as to the domestication. I suggest you get a local (WI) attorney who can challenge their attempt to domesticate into WI.
Wisconsin Code:
806.24(4)(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

 

[ispy1009]

The judgment has already been domesticated. Was there a hearing that needed to be held in order for that to have occurred? What can I do in the State of Illinois to have this case reopened, and is it too late since the domestication has already happened?

 

[JETX]

The judgment has already been domesticated. Was there a hearing that needed to be held in order for that to have occurred? What can I do in the State of Illinois to have this case reopened, and is it too late since the domestication has already happened?

Your post was not clear on that....


In any case, you now have TWO separate judgments to pursue.
Presumably, you ignored the Illinois process.... and allowed the default to occur.

The NOTICE you received in the process of domesticating the Illinois judgment into the Wisconsin courts, included the following statements:
"Within twenty (20) days of receiving this summons, you must respond with a written answer, as that term is used in Chapter 802 of Wisconsin Statutes, to the petition. The court may reject or disregard any written answer that does not follow the requirements of the statutes. The answer must be sent or delivered to this court,"
and
"If you do not provide a proper answer within twenty (20) days, the court may grant a Judgment against you for the award of money or other legal action requested in the Petition, and you may lose your right to object to anything that is or may be incorrect in the Petition. A judgment may be enforced as provided by law. A judgment awarding money may become a lien
against any real estate you own now or in the future, and may also be enforced by garnishment of wages or seizure of property."
You also presumably ignored that notice.

At this point, since you have decided to ignore BOTH of these legal processes.... your problems have become far more complex than a simple online forum can resolve. I suggest you talk with a local (WI) attorney who can review the FULL circumstances and advise what, if any, options you might have.