When Foreign Coporations bring suit

[suijuris]

When Foreign Coporations attempt to bring suit, remember this:

Under this rule relating to pleading of affirmative defenses, failure to comply with F.S.A. § 613.04 which provides that a foreign corporation shall not maintain an action in any of courts of state until it files a copy of its charter or articles of incorporation in office of Secretary of State and receives a permit to transact business in the state is a defense which must be affirmatively pleaded. Norman M. Morris Corp. v. Weinstein, C.A.5 (Fla.) 1972, 466 F.2d 137, 175 U.S.P.Q. 130 .

I believe most states have laws that parallel this. So always remember to check if a corporation has filed with the secretary of state when you get sued.

Regards,
Sui Juris

[suijuris]

Oh yeah, you may also want to ask to see their permit to transact business in the state....

Sui Juris

[husky2kawi]

I have to ask this...help me with getting my "thinking" in order.
A Foreign Corporation -foreign to sovereigns, but could be someplace that one might work at??
Am I all, screwed up?

[suijuris]

Not sure what you mean...

Just look at your state's code and see if you can find "foreign corporation" defined anywhere.

It will likely include an out of state corporation.

Sui Juris

[Ice]

Here's a goodie...


If a collector from out of your state, and not registered with the SoS of your state,&attempts to collect a debt and you send a NbWC... you can file in court to collect on the defaulted invoice.& The process?... now you want details?... okay... Serve the initial complaint and summons to your SoS... your SoS will attempt to find an agent for that corp. and will come up empty... the corp. won't appear... and you get a default judgment.


And, let's not forget that they might have a bit of a problem with the State SoS due to their conducting business and not being registered.& Many companies do not bother with registering in foreign states... so it's a good bet this could work for ya.


&

[suijuris]

Yep, it is almost a guaranteed win, and is soooo simple since you will rarely find a debt collector who actually took the time to register with the SoS&in your state.

Husky2kawi:


In Volume 20: Corpus Juris Sec. 1785 we find "The United States government is a foreign corporation with respect to a State" (see: NY re: Merriam 36 N.E. 505 1441 S. Ct. 1973, 14 L. Ed. 287).


&


I hope this helps clear up&any confusion?


The one star dude! (smile)&


&

[suijuris]

Yes, but that will probably not help you in state court because the US will drag you into their district courts. I do not think these state registration requirements will apply there, but it is worth researching.

<FONT face="times new roman, times, serif">Ice,</FONT>


<FONT face="times new roman, times, serif">First, What is NbWC?</FONT>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="times new roman, times, serif" size=3>I have been doing some entity checking at my SOS web sight.<SPAN style="mso-spacerun: yes">& </SPAN>I have only found one collector who has a registered agent in my state.<SPAN style="mso-spacerun: yes">& </SPAN>I started checking out original collectors, most being credit card banks, and most of them are not registered.<SPAN style="mso-spacerun: yes">& </SPAN>Can you do the same thing with an original collector?</FONT>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o><FONT face="times new roman, times, serif" size=3>&</FONT></o>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="times new roman, times, serif" size=3>Big Sky</FONT>


&

[Ice]

NbWC = Notice by Written Communication


The NbWC is found in CTC3 (Cracking the Code 3rd Edition) and is Notice of Copyright of Tradename/Trademark.


Yes, if the NbWC is used against an original creditor you could follow the same process and win a default judgment... a judgment that will be given "full faith and credit" by any other state.


But let me point out that, if the original creditor produces anything with your signature it can be viewed as "implied permission" to use the trade name... in order to conduct business with that company.& This is something that a "collector" cannot do.& Yes, Yes, I do realize that the NbWC states "without expressed written permission"... but the court will still rule in favor of "implied permission".


And further, if you do have a copyright it might be wise to send "expressed written permission" to any entity that you are conducting business with... like the gas/electric company, phone company, landlord, etc.& This further supports the copyright... and your&conclusions in the law regarding such.


Ice