I Previously owned a small Company in Michigan that was very hard hit by the dismal economy here. My company had run out of money and eventually I had to close the doors. I left one project half completed because we no longer had funds to complete the project.

I took a position with a Local Municipality. I was issued a summons by the owner of the above project who also happens to be an attorney. He is suing the Company and Myself personally. He served me inside City Hall where I work. He is also an officer of the Corporation that served the summons to me.

My question is can I set aside a default judgment on grounds that I was served in a Governmental Institution by someone other than the head of that Institution (The Mayor)?
Also, can he serve me a summons being an Officer of the corporation who is suing me?

I have to defend this personally as I have no funds to Hire an attorney. I need to set aside a default judgment as time has lapsed. I don't mind him suing the Company as the company has nothing and owes nothing. But myself personally I will have to defend.

Quote:

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Originally Posted by b-roc

I Previously owned a small Company

My question is can I set aside a default judgment on grounds that I was served in a Governmental Institution by someone other than the head of that Institution (The Mayor)?
Also, can he serve me a summons being an Officer of the corporation who is suing me?

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Hello b:

You say "small company", but that has no meaning in law. Was it a corporation, or a sole proprietorship? If you incorporated, and didn't sign a personal guarantee, then you don't owe the money personally... If you never incorporated, you owe the money.

However, you have more troubles than that... You're going to have to show that the judge committed some procedural error in order to have the judgment set aside... There's no question that you WERE served. The place to argue whether service was proper or not, was in the court that you didn't attend.

So, as right as you might be on the claim, because you ignored it, you're probably stuck with it. You certainly CAN go back to that court, and present your motion to set aside. It MIGHT work.

excon

You can be served anywhere you can be found UNLESS the City Charter forbids personal service on City grounds/time.

What does the Charter say?