My business partner received a judgment against me but failed to serve the summons & complaint. I filed a motion.

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My business partner received a judgment against me but failed to serve the summons & complaint. I filed a motion.

Anonymous May 23, 2015 Business 5 views 2 answers

We have a hearing in June. My former business partner has taken the position that the judgment (which wrongfully converts my share of corporations to himself) doesn't obligate him to provide me with certain IRS required tax documents. That would include a 1099 for work I did for him personally which he always provided to me. The judgment is silent. What should I do? Is a judgment a judicial dissolution of the corporations? What should I do? I need to file tax returns. I am a partner on federal tax returns but LA Superior Court's judgment says I have no interest in these entities. Should I try to revise the federal tax returns and remove myself as partner? His lawyer prepared the federal tax documents.

Herb Fox · Answer 1 · 2026-06-15T14:44:53+00:00

There are many questions here, starting with whether the judgment is valid (if you can prove you were not served, it can be set aside). Next, if any or all of the parties are corporations, you cannot represent them; the corporations must be represented by an attorney. Which leads to my third suggestion: you should consult with a business attorney for advice about all of these matters. No attorney can give you particular advice about what you should do without reviewing documents and learning the entire history of your business relationship with your partner. That especially applies to tax advice!!

Christopher John SkorinaPersonal Injury LawyerSan Juan Capistrano, CA · Answer 2 · 2026-06-15T14:44:53+00:00

Your question does not indicate what type of motion you filed or the bases for the court's apparent ruling that what you believe to be your interests in the corporations now belongs to the plaintiff. If service was not properly made, you should move to set aside the judgment. You are entitled to a 1099 regardless of the outcome of the dispute. You really need an attorney to sort out this mess for you. Sincerely, Christopher J. Skorina MOSHER & SKORINA, P.C. Attorneys at Law 28202 Cabot Road, Suite 300 Laguna Niguel, CA 92677 [email protected] Tel: 949-582-1544

My business partner received a judgment against me but failed to serve the summons & complaint. I filed a motion.

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