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eurocool
Aug 7, 2007, 11:39 AM
I was the head of a c corp company that was paying the bills on a film production over a 4 week period. One of the contract employess entered into a contract for equipment rental, the majority of which was paid by my company, a portion was not. I was sued not as a corporation but as an individual and decided to settle the matter out of court. The amount was for 2250. One day, I realized that I should not be paying and my corporate veil should not be pierced so I stopped making payments. The original agreement was vacated and a new judgment was entered against me personally for 2,000. (which included "court fees" and other bs charges) with interest accrued

The problem is I was never served for the new court appearance I haven't lived at that address for years and was actually out of state so they lied and said they served me.

1. Can I get a summary judgment and removal of it from my credit report based on the non-service.

2. Can I either threaten/sue the creditor and actually request to get my money back that I paid to them so far?

3. How do I explain this in court that I agreed to pay, paid half, don't want to pay anymore, received a new judgment when I was never served, and want my old money back as my corp veil was pierced.

ScottGem
Aug 7, 2007, 11:44 AM
First, by agreeing to settle YOU pierced the corporate veil and you can't go back on the settlement agreement.

Second, you can file a motion to vacate the judgement for improper service. But that only means they have to refile and if they do they will get their judgement.

So I suggest you pay up.