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I am in a Civil Action in Circuit Court, small claims.  I have served the Defendants 2 times.  Each time service was accepted.

 

First service was by U.S. Postal, return receipt requested signature.  The envelope was signed for by the Management Company for a Corporation.  The defendants did not appear at trial/hearing.  The sitting judge wrote out a "Sheriff's Service" and that was also served by "Sheriff" and accepted/completed.

 

The sitting judge at 2nd hearing/trial said service was not done.  The Attorney who appeared for Defendants denied that either the first service or the Sheriff's Service had been received.

 

The sitting judge (who was not the same judge) said that service must be made on all three Defendants separately.   The Board of Directors are three people of a Corporation.  They employ a vendor/Management Company.  All correspondence to the Board of Directors and the Association Company is directed to be sent to the Management Company in their rules and regulations.

 

Question:  Is a three person (officially elected) Board a "formal entity" of a "parent company"?  Can service of a complaint be served to "The Board of Directors of (titled Company) as an single "titled entity"?

 

Each Board Member (total of 3) were named as "Party to the Complaint" in the "Complaint Pleading".

 

Question:  Was service to defendants completed or does Plaintiff have to serve each separate Board member on 3 separate mailings?  Thank you for your very kind response?   M. Ivory, Blue Island, IL

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It is impossible to answer your questions without knowing why you are suing the corporation and its Board of Directors.   

 

Generally a board of directors is sued because some action or inaction of the board has damaged the interests of the corporation and/or its shareholders.  Such suits must be brought by a shareholde. It's called a "derivative suit."  Such suits do not belong in small claims court.  

 

If you have suffered some injury because of the actions of an agent, officer, or employee of the corporarion, the proper party would be the corporation and, depending on the cause of your injury, the person who caused the injury, not the board of directors.  

 

So, what is the nature of your claim?

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RetiredinVA.  The answer to your question: "What is the nature of your claim?"  --- Under the Illinois Condominium Act (The Act), and the "Declarations of Incorporation", and the "Covenants" and the "By-Laws", -- the Board of Directors can only be held liable for a claim against them under "Gross Mismanagement"; "Gross Negliegence"'; or "Misappropriation of Funds".  All of these subjects  have been named as part of the claim against them.

 

Has Plaintiff, who is deeded/owner/member/shareholder in the Association completed "service of complaint" to the "Board of Directors, all elected Officers, of named Corporation" as named under the Illinois Corporation data base.?  Wherein, each Board member and Plaintiff, are named as Parties to the "Complaint" within the "Complaint Pleading".   Are not the Board of Directors a "formally distinct entity" of its parent Association" as to "separate entitities requirements?   Has the Board of Directors (3) been duly served 2x (both times accepted)?  Must I serve each separate Board Member by name by Sheriff Service for 3 separate services?   Thank you RetiredinVA for all your help.   M. Ivory, Illinois

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the answer is the same answer that I gave you in the other thread that you started on this matter.

https://boards.answers.findlaw.com/topic/242466-can-i-combine-2-cases/

 

A Board of Directors is typically not a formally distinct legal entity, and so if you are making a claim against the members of the Board of Directors, you must serve each one individually.

 

15 minutes ago, mariaivory said:

Wherein, each Board member and Plaintiff, are named as Parties to the "Complaint" within the "Complaint Pleading".

Exactly -- if each board member is a named party, then each board member must be individually served.

 

 

14 minutes ago, mariaivory said:

Has the Board of Directors (3) been duly served 2x (both times accepted)?

On the facts you provided: it appears not.  That somebody signed for the paperwork is proof that he/she received it, but it doesn't make the service good if the service was not to the correct person in the first place.

 

 

13 minutes ago, mariaivory said:

Must I serve each separate Board Member by name by Sheriff Service for 3 separate services?

You don't have to serve by Sheriff service.  You can use private process servers, and service by mail may also be available to you.  It is not "3 separate services" if the first 2 were ineffective.

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