Motion for default judgement against multiple companies: ALL OR NOTHING? Can it be partial

[Taxing Matters]

You may submit the motion to the court to dismiss the inactive corporations if you wish, but whether the court will grant that motion is another matter. As a plaintiff you stand a more likely chance to get those dismissals but it's automatic. Each state has its own rules for this. Quincy gave you a case on the rule that applies in federal court. It may or may not be the same in Florida state courts. I'd generally be cautious about dismissing potential defendants unless you are certain the defendant has no liability. If it's possible the other corporations would point to one of the dismissed corporations you might find yourself in a real bind. I concur with the others that have recommended you get help from a civil defense attorney.

 

[Taxing Matters]

The owner uses the shell companies as a shield to hide money. Even know he is the 100% owner of the company, they have 0 employees and share the same address as him. The banks act like its 2 completely separate people/organizations.

Legally a corporation is separate from its owner(s). So there are at least two defendants here: one of the corporations and the owner of them. That's what is involved when you seeking alter ego or nominee designation of the owner. From what you described if you win your claim on the merits it probably won't be all that complicated to go after the corporation that has the assets.

 

[John D dude]

It was likely improper to sue 19 of the 20 companies. In fact, it could be considered frivolous, subjecting you to sanctions. It's too bad you didn't talk to an attorney first.

all the companies are the same guy. He paid some fly by night place to file for them in bulk.

In addition, the money from these company are his personal piggy bank paying for all his expenses including restaurants, supermarket, hotels, etc.. The companies have zero income and are used interchangeable with the 1 company that he actually makes money from.

What is the underlying debt you are alleging? Do you have a judgment against him already? What are the legal structures of the companies you are suing, including the one that you allege wronged you?

All the companies are the same guy. He paid some fly by night place to file for them in bulk in the bad area of town.

In addition, the money from these company are his personal piggy bank paying for all his expenses including restaurants, supermarket, hotels, etc.. The companies have zero income and are used interchangeable with the 1 company that he actually makes money from.

Its all the same guy and all the same website with all the same product.

The main point is that half of them has been served and passed the deadline to respond and the other half may may be impossible to find. Might be some old PO box which has not been renewed for years with no forwarding address.

My only concern now is if 100% of the fake companies need service before I can ask for a motion for default judgment.

Its like that guy from scientology who has an army of people protecting him and has secret rooms in the church building protected by security.

If they look for him in California, they say he lives in Florida, if they look for him in Florida, they say he lives in California.

So this guy is sort of doing the same thing but with frivolous filing of company with no business other than to misdirect money from me and probably others as well.

 

[quincy]

... Each state has its own rules for this. Quincy gave you a case on the rule that applies in federal court. It may or may not be the same in Florida state courts. I'd generally be cautious about dismissing potential defendants unless you are certain the defendant has no liability....

Florida follows a bit of a mix of Frow v. De La Vega and Behar v. Jefferson National Bank, 519 So.2d 641 (3rd DCA 1987). In Behar, the Court allowed for defaulting one defendant even though there were other parties not in default.

The Behar Court said: “Behar suffered judgment because he failed to answer the complaint; in doing so, he surrendered his opportunity to litigate the merits of his defense. The fact that the other defendants may prevail on the merits does not render the default against Behar unjust.”

 

[Litigator22]

You may submit the motion to the court to dismiss potential defendants (?) . . . I concur with the others that have recommended you get help from a civil defense attorney. (?) (With or without a siren?)

Could it be that someone in the orchestra was handed a different score?

 

[quincy]

Could it be that someone in the orchestra was handed a different score?

Taxing Matters might be confusing this thread with another. I agree with him that John D dude would benefit from having an attorney’s help. Probably not a defense attorney, though. John D dude is the plaintiff.

The defendants at issue here are not being dismissed from the lawsuit. A few of the defendants have defaulted by not responding to the complaint in a timely manner, however.

 

[quincy]

Here is a link to Behar v Jefferson National Bank, which I referenced above:

https://casetext.com/case/behar-v-jefferson-nat-bank

Behar uses Frow v De La Vega in his arguments to the Court.

 

[Taxing Matters]

Could it be that someone in the orchestra was handed a different score?

I think its more appropriate to say that someone (me) got directions to his orchestra seat mixed up. I appreciate you pointing that out. quincy is quite right that I working on two similar kinds of posts and that lead to the error.

 

[quincy]

I think its more appropriate to say that someone (me) got directions to his orchestra seat mixed up. I appreciate you pointing that out. quincy is quite right that I working on two similar kinds of posts and that lead to the error.

The important thing is that, after the initial confusion, the concert was a good one.

 

[Taxing Matters]

The important thing is that, after the initial confusion, the concert was a good one.

Agreed. And I've always loved classical music. Used to have a reserved seat for select performances of the Colorado symphony orchestra years ago. Hearing it live is just more immersive than listening off a CD, or worse, streaming.

 

[cbg]

Got a ticket for the BSO next month.

(sorry, forgive hijack)

 

[quincy]

Agreed. And I've always loved classical music. Used to have a reserved seat for select performances of the Colorado symphony orchestra years ago. Hearing it live is just more immersive than listening off a CD, or worse, streaming.

We have tickets to see Yo Yo Ma next month at Detroit’s Orchestra Hall!

 

[adjusterjack]

I've always loved classical music.

Watch Andre Rieu's performances on youtube.

Try one, you'll keep going back for more.

 

[quincy]

Watch Andre Rieu's performances on youtube.

Try one, you'll keep going back for more.

Those performances are great but I agree with Taxing Matters. Nothing compares to hearing performances live.

As to the hijack, cbg, I plan on blaming Litigator.