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.
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.