Law Firm Dissolved Still Filling Suits
Date: Thu, 07/12/2012 - 04:06
In this state, Illinois, corporate records are maintained by the Secretary of State. A search of this database yielded the information mentioned above.
The persons name on the corporation was searched at the ARDC and it was discovered they are still using this dissolved corporate name.
I filed a motion to strike and dismiss before I discovered this information. They had 28 days to reply and took longer than that limit.
What type of motion should I file to present this information and get this quashed, considering that I already have a motion to strike and dismiss on the table?
Also, is there anything illegal about a firm (any corporation really) that is dissolved doing business and collecting money - in the form of judgements? Should I involve the States Attorney to investigate this matter?
Thanks for any reply...
I think you should file a complaint with the AG as well as the F
I think you should file a complaint with the AG as well as the FTC and moreover, get yourself a NACA attorney. That should put an end to this mess.
Update to Reply
The reply appeared and then disappeared for a while.
First, thanks for the feedback. Unfortunately the feedback came online after I had a court date.
I did present to the court in my surreply, all the data that I discovered in the form of printouts from the Secretary of State as well as the ARDC.
The plaintiffs attorney used a lame excuse saying this is the first time this has come up then went on to say that the space provided on the bottom of the page was too small to fit the law firms name. I guess the judge did not like my approach when I said that the attorney was running a scam on the courts by filing suits under a dissolved corporation and then collecting monies in the form of judgements under another name.
The case is going forward and they want my "Answer" to the complaint in 28 days - slightly less now.
Any feedback as to how I should prepare the Answer?
Regarding the suggestion of contacting the AG - in the State of Illinois the AG is the daughter of Mike Madigan. Essentially Lisa only does as daddy says. In the past I tried to get a ruling on the open meetings act from her office regarding the CAPS program. Her office would not move forward on it, as other AG's have done in the past in the form of an opinion. However, on the other side of the coin, when it came time to work on the impeachment of Rod and no rules were in place, the Illinois House of Representatives and the Senate put rules in place so that Lisa could move forward. As a note here, Mike Madigan did not care for Rod for a wide variety of reasons, most of which dealt with increasing taxes - Rod did not want to increases taxes. By the way, I do not condone any acts like the selling of a political seat.
Anyway, sorry for the bit of political flavor I added but it is important to note that in this state, those in power want to stay in power and work to make sure that anything that rocks the boat will get suppressed.
Any commentary is appreciated and I encourage everyone to participate.
I doubt the AG or FTC would help you. Instead, I would complain
I doubt the AG or FTC would help you. Instead, I would complain to the state bar disciplinary officer.
A Heavy-Duty Issue
This is a heavy-duty issue, and I am not familiar with all of the laws of the state in which this occurred. For now, I would say, if it is legal for a company to try to execute judgments I would assume it could only be under individual practicing lawyer's names. I don't think it would be possible through the company itself if it is dissolved, but then again that depends on whether or not an individual lawyer can become licensed to pass judgment in his or her state.
State Bar?
In Illinois we have the ARDC which has the overseer the Supreme Court of the State of Illinois.
Now these are the same people that allowed Rham Emanuel on the ballot for Mayor of Chicago. The issue was residency as well as his ethics statement in which he did not give full disclosure. I filed a FOIA to get a copy of that information he submitted.
So, I'm not sure if going to the ARDC will be advantageous or not. Generally, they only give a lawyer a slap on the wrist - like 6 months suspension of their license.
Who collects the judgement money?
I assume that the dissolved law firm who files the suit on behalf of the plaintiff will receive monies. However, this law firm has two other names that they go by. My assumption is that one of the firms in good standing with the Secretary of State would be the one to collect the money, if any.
Where should the focus go?
If a dissolved corporation is still conducting business (by entering suits against people) and acting as a legit corporation, then they need to file taxes for that entity.
I would prefer to involve the feds in some way because history has dictated that anything that needs to get "cleaned up" in this state is not done at the county or state level, but the federal level.
Then what do I do with the judge that made the decision to move things forward? Should I request a judicial review?
Any suggestions are appreciated.
PS. As you can easily see by reading this thread, things can become quite complex very fast.