Legal Question in Business Law in Illinois
Not properly served
We are a small corporation in Illinois, we have a registered agent, who failed to forward to us notification which he was served with pertaining to a lawsuit against our company, what can we do?
2 Answers from Attorneys
Re: Not properly served
If there was a default judgement against you, there is grounds for appeal. I don't know all of the facts of the case, thus I can only advise you to seek competent business counsel to assist you. This is the only way that you can determine a proper strategy going forward.
Good Luck!
Re: Not properly served
If a default judgment was entered against you within the past few months, you will need to move the court to vacate it based on the fact that you were never given the complaint and summons by the registered agent. This is not an appeal, it is brought before the judge that entered the default. Do this sooner rather than later, because technically, you are supposed to do this within 30 days of entry of the default, although most courts won't be too sticklerish about that. Courts bend over backwards to allow parties to appear and participate in the lawsuit, so you shouldn't have any problems. Find an attorney to take care of this for you, however.
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