Legal Question in Civil Rights Law in Ohio
Entity Lawsuit
A civil lawsuit was filed against an entity and individual owners and an employee. They answered the first one, I dismissed and refiled. They never answered the 2nd suit. Default judgement was granted. Before the hearing they filed a motion to vacate default due to the fact I did not sue the proper company. A corp owns the entity. (we did not know) The ''entity'' has filed suits in different courts. The suits were filed under the entity name, not the ''Corps'' name. The owners (their names) are DBA the entity and also as the ''Corp''. Is this motion to vacate default legal? Would I just have to ammend the suit also naming the corp? Being the entity has filed numerous civil suits (evictions), if they claim the Entity can't legally be sued, how can they legally file suits in courts? Wouldn't the corp have to file the suits? If that is the case, wouldn't that be making these illegal and fraudulent suits? Please respond ASAP. My assesment hearing is March 26.
1 Answer from Attorneys
Re: Entity Lawsuit
These are the games that defendants play with non-lawyers. There is a simple fix to this that any lawyer would have been able to do for you. You have to serve the statutory agent of the company you are suing. You cant just sue an entity.
Make a motion to amend your pleadings instanter. You sue the statutory agent at his/her address and you state that he is the statutory agent for ....and insert the name of the company...attach affidavits to your motion that explains everything that happened.
If this sounds confusing you should already know that you are treading in deep waters without professional legal help. There is no way any lawyer could tell you all the things you need to know for what you are trying to do. Everything in the suit now goes back to day one because you failed to do it right from the very beginning. Feel free contact me directly. 216.952.1990
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