Replies to post #72960 on Plastic2Oil Inc (PTOI)

[Rawnoc]

Sounds like wishful, unrealistic thinking on your part.

[dispoman]

Answers are not necessarily filed with the Court. They are filed with plaintiff's counsel. In addition, the company would not be "decimated." If there was an issue, it would file a late answer by order to show cause. The only thing to be decimated are the Shorts if this works out. Note I wrote "if."

[Johnik]

There is no need to be rude, and you did not read my post very carefully.

As I said, and as you quoted:

I am aware of only two lawsuits, one of which appears to be going nowhere.

http://www.seminoleclerk.org/CivilDocket/case_detail.jsp?CaseNo=2010CA005989

No return of service entered to date.

If you are well-versed in the law, as you seem to claim, then you know that a plaintiff must properly serve a defendant with the summons and complaint in order to initiate a valid lawsuit. No return of service has been entered on the docket. As far as I know, it is a universal practice of courts to make such entries. Here is a random example from the same court:

http://www.seminoleclerk.org/CivilDocket/case_detail.jsp?CaseNo=2010CA003481

For every "Summons Issued" entry you will see a "Summons Returned" entry following shortly behind it.

Maybe there was an error in the clerk's office, who know? I obviously can't say for certain that no one has been served, which is why I said IT APPEARS that the lawsuit is going nowhere.

[scion]

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=55594844

[Johnik]

And just for being rude, I'm going to point out the other errors in your post.

Apparently some don't know the law. If there hasn't been a response by JBI, that means big trouble. In florida, you have 21 days to respond to a lawsuit. If you don't respond within 21 days, you lose by default. No appeals, no nothing, you lose period. Then the suit moves on to the judgement phase to determine damages. Usually, if the defendant doesn't respond and loses by default, they get hit with the max damages.

So there is only two possiblities at this point. It's possible that the court didn't enter JBI's response, or they simply failed to respond which would decimate the company.

(1) In Florida state court, the general rule is that a defendant has 20 days from service of process to serve an answer upon the plaintiff, not 21 days.

http://phonl.com/fl_law/rules/frcp/frcp1140.htm

(2) You don't just "lose period." First, you can move to set aside the default.

http://phonl.com/fl_law/rules/frcp/frcp1500.htm

(3) If judgment enters, you can move for relief from judgment.

http://phonl.com/fl_law/rules/frcp/frcp1540.htm

(4) No appeals, you say? Of course you can appeal from a court's denial of your request to set aside a default. Here is one such Florida case.

http://scholar.google.com/scholar_case?case=8493684115853086726&q=28+So.3d+166&hl=en&as_sdt=40000002

Again, based solely on the docket, JBI et al. cannot be defaulted because there is no return of service reflected on the record. Without service of process (assuming, again, that there has been none), the case goes nowhere, and will eventually be dismissed by the court once it comes up for status review.

[Ignotus]

JBII going to the moon!!!! yaaaa!! a BOMB is about to go off here real soon!!