QUESTION
Should I answer a summons delivered to my business that is wrong on multiple counts?
Asked on Feb 14th, 2013 on Business Law - Illinois
More details to this question:
Summons is for a fictitious name, not the corporation that operates the business. Also, it is filed outside of the jurisdiction the business is located in. So, what is my response, if any, if I am not the named defendant? If a judge enters a default judgment against this non-entity, is there any way the actual corporation is affected?
1 ANSWER
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Your questions raises more questions. Is the fictitious name a name that you have used? If it is a name you have used, it could be problematic for you, personally. The place the litigation was filed does not necessarily need to be in the county in which the business is located. Many factors are considered in determining proper jurisdiction and venue. Depending on the specifics, you may or may not want to respond. If the summons was served on you, the plaintiff obviously thinks you are responsible. I would recommend that you discuss the matter in detail with an attorney who can give you an informed opinion.
Answered on Feb 15th, 2013 at 5:03 PM