Affidavit & Complaint

IN THE CIRCUIT COURT OF THE 10th JUDICIAL CIRCUIT,

IN AND FOR POLK COUNTY FLORIDA

JOHN REDACTED,

Plaintiff,

 

v.

 

REDACTED,

INC. d/b/a REDACTED

CORPORATION,

Defendant.

 

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AFFIDAVIT PURSUANT TO FLA. STAT. SEC. 56.29

 

1.  My name is Redacted, I am over 18 years old, and I have personal knowledge of the facts stated herein via research performed by our law firm and information obtained via our client, John Redacted.

 

2.  John Redacted holds a judgment against Redacted, Inc., whom is reasonably believed to now be doing business as Redacted Corporation. The judgment was issued by the Superior Court of Rockdale County, GA.

 

3.  A valid and outstanding writ of execution exists with regard to said judgment, in the amount of $81,015.69 with interest at 9 percent.  This writ is dated August 17, 2006 (File No. 01-cv-1508-1 and Case No. 06-1505-CA-G).

 

4.  John Redacted, as the judgment holder, is entitled to these proceedings supplementary to execution.

 

 

Dated:________________________

 

 

_______________________________

Redacted as attorney for John Redacted

 

 

________________________________

Notary

 

 

 

IN THE CIRCUIT COURT OF THE 10th JUDICIAL CIRCUIT,

IN AND FOR POLK COUNTY FLORIDA

JOHN REDACTED,

Plaintiff,

 

v.

 

REDACTED

CORPORATION,

Defendant.

 

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COMPLAINT

 

            Plaintiff, John Redacted, sues the Defendant, Redacted Corporation, as follows:

1.                This complaint is brought pursuant to Fla. Stat. Sec. 56.29 and seeks damages in excess of $15,000.00, exclusive of interest and attorneys’ fees.  Plaintiff currently holds a judgment against Redacted, Inc. and a writ of exaction with regard to the same exists in the sum of $81,015.69, plus interest at 9 percent.  See the attached Exhibit A.

2.              Defendant, Redacted Corporation, is (upon information and belief) believed to have received fraudulent transfers from Redacted, Inc., is the mere continuation of business of Redacted, Inc. and/or has entered into a de facto merger with Redacted, Inc.

3.              An affidavit, as required by Fla. Stat. Sec. 56.29, along with a copy of the judgment is attached hereto as composite Exhibit B.

4.              Plaintiff is entitled to an award of attorneys’ fees and costs, including but not limited to docketing the exaction, sheriff’s service fees and court reporter’s fees.

5.             Venue and jurisdiction are proper in this Court.

6.              Pursuant to Fla. Stat. Sec. 56.29(2), the Plaintiff moves the Court to required the Defendant to appear before it or a general or special magistrate to be examined concerning its property.

7.             Facts supporting this complaint include, but are not limited to, the following:

a.    Redacted Corporation still uses the phone number and fax number of Redacted, Inc. (i.e. 863-299-9465, phone and 863-299-4505, fax).  See the attached composite Exhibit C.

b.    The address of Redacted Corporation and Redacted, Inc. is the same.  See the attached composite Exhibit C.

c     Redacted Corporation is accepting and cashing checks made payable to Redacted, Inc. See the attached composite exhibit D.

            d.     Redacted Corporation currently sells the same product sold by Redacted, Inc., and even still uses the corporate name of Redacted, Inc. on its current flyers for said product. See the attached composite exhibit E.

            e.     Redacted Corporation’s web site refers, in multiple references, to Redacted, Inc.  Specifically, the web site for Redacted Corporation’s refers to articles written about Redacted, Inc. as “past performance data”.  See the attached composite exhibit F.

            f.     Redacted Redacted was a principal agent of both corporations. See exhibits D (wherein Redacted Redacted is referenced on the return address for Redacted Corporation’s shipment) and composite exhibit G. 

g.   Redacted Redacted (principal of both companies) still uses the email redacted (uea standing for Redacted).  See the attached composite Exhibit C.

            h.  As referenced in United Energy’s web site: “The primary mission of the [United Energy] is to focus on the conversion of inherently inefficient lighting, power, and water systems to lower operating cost, improve performance quality and enact positive environmentalism.”  See attached Exhibit H.  Redacted is also the primary product sold by Redacted and the aforementioned web site is the same now used by Redacted.  See the attached Exhibit C.

8.  Upon information and belief, the Defendant (and possibly other corporate entities) have been established solely for the purposes of defrauding creditors, such as the Plaintiff. See the attached exhibit I.   These entities which have been used to defraud creditors, may be joined in this suit at a later date.

9. An affidavit, swearing to the authentic nature of the attached exhibits, is attached hereto as Exhibit J.

10. The facts, as set forth above, clearly demonstrate the de facto merger and/or continuation of the business of Redacted, Inc.  There is obviously a continuity of the business of Redacted, Inc. which is demonstrated by the same management, location, product sold, identical phone numbers and email addresses, and other factors indicated above (including but not limited to the fact that the Defendant is still cashing checks made out to Redacted, Inc.).  Fraudulent transfers, such as the patent for the Redacted product, may also have occurred between the two companies.

11.  All conditions precedent have occurred or been waived.

12.    Given the Defendant’s past evasive behavior, a temporary injunction should be issued preventing the repeated collection evasion.

Wherefore, Plaintiff requests that the Court order the sheriff to seize the property of Redacted Corporation for the purposes of executing the aforementioned judgment (including but not limited to patents and trademark property), to commence supplementary proceedings against the Defendant, for an emergency temporary injunction and permanent injunction preventing the Defendant from again moving and/or transferring assets, to require the Defendant to appear to be examined concerning its property pursuant to Fla. Stat. Sec 56.29(2), for an award of attorneys’ fees, expert witness fees and costs, and for all other relief authorized by Fla. Stat. Sec. 56.29, equity, and/or any relief deemed necessary by the Court.

Dated this 1st day of September, 2006.

 

______________________________

Michael Massey, Esq.

Fla. Bar No. 153680

 

 

IN THE CIRCUIT COURT OF THE 10th JUDICIAL CIRCUIT,

IN AND FOR POLK COUNTY FLORIDA

JOHN REDACTED,

Plaintiff,

 

v.

 

REDACTED

CORPORATION,

Defendant.

 

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AFFIDAVIT

 

1.  My name is Michael Massey, I am over 18 years old, and I have personal knowledge of the facts stated herein.

 

2.  I personally printed out those web site print outs attached as Exhibits C, E, F, G, H, and I to the Complaint filed by John Redacted.

 

3.  The print outs of those web pages are true and accurate representations of some or all of the web pages indicated at the bottom of each web page. The dates I printed out these web sites are also reflected in the lower right hand corner of each web site print out.

 

 

Dated:________________________

 

 

_______________________________

Michael Massey as attorney for John Redacted

 

 

________________________________

Notary