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  1. #1
    Join Date
    Aug 2013
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    15

    Default What Happens if One Defendant is Not Served

    My question involves small claims court in the state of: Illinois

    In a small claims case there are two defendants: an LLC and an individual. The LLC was successfully served (by Sheriff), the individual was not. Questions:

    1) Will the case against the individual be dismissed if he is not served before the court date?
    2) Can the individual be tried separately from the LLC?
    3) If the LLC can be tried separately but collection is unsuccessful, can the individual be found responsible for the full amount in a separate trial?
    4) What is the best course of action in general for the plaintiff?

    Thank you very much.

  2. #2
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Two Defendants: LLC Service Succesful, Individual Not Served

    Quote Quoting dan c
    View Post
    My question involves small claims court in the state of: Illinois

    In a small claims case there are two defendants: an LLC and an individual. The LLC was successfully served (by Sheriff), the individual was not. Questions:

    1) Will the case against the individual be dismissed if he is not served before the court date?
    2) Can the individual be tried separately from the LLC?
    3) If the LLC can be tried separately but collection is unsuccessful, can the individual be found responsible for the full amount in a separate trial?
    4) What is the best course of action in general for the plaintiff?

    Thank you very much.
    The Plaintiff should ask for a continuance and get the individual served.

  3. #3
    Join Date
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    Default Re: What Happens if One Defendant is Not Served

    With no facts, it's difficult to say much.
    Quote Quoting dan c
    View Post
    1) Will the case against the individual be dismissed if he is not served before the court date?
    If you fail to serve your defendant, you can expect that the court will dismiss the claim against him.
    Quote Quoting dan c
    2) Can the individual be tried separately from the LLC?
    You've shared no facts, so let's assume that you have a valid cause of action against the individual defendant. You can probably file a subsequent lawsuit, but if your causes of action overlap you can expect that the payment on one judgment will be credited toward any overlapping damages award on the other.
    Quote Quoting dan c
    3) If the LLC can be tried separately but collection is unsuccessful, can the individual be found responsible for the full amount in a separate trial?
    A judgment against the LLC is not a judgment against a separate individual.
    Quote Quoting dan c
    4) What is the best course of action in general for the plaintiff?
    Serve the other defendant before trial. You can ask the court clerk about whether you can get an order for substituted service in small claims court.

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