Opinion
Case No: 07 C 1226.
August 7, 2007
THEODORE GEORGIS, John F. Grady, Arnstein Lehr LLP, Chicago, IL, One of his attorneys.
MOTION FOR ENTRY OF JUDGMENT AGAINST CARS-USA, LLC
Plaintiff, Theodore Georgis, by his counsel, John F. Grady, moves pursuant to Fed.R.Civ. 69(a) for an order (1) making Plaintiff the legal holder of a Promissory Note made in favor of Defendant and (2) entering judgment in Plaintiff's favor and against the maker of the note, CARS-USA, LLC, for $90,000.00 due and owing under the note. In support of its Motion, Plaintiff states as follows:
1. On June 12, 2007, the court entered a default judgment against Defendant in the amount of $152,850.00.
2. On June 25, 2007, Plaintiff caused a Citation to Discover Assets to be served on CARS-USA, LLC ("CARS") an Illinois limited liability company, to determine whether CARS was indebted to the Defendant.
3. On July 13, 2007, in lieu of appearing for a citation examination, the managing member of CARS, Sheridan Enterprises Limited, by its president, Gary Blank, provided the Plaintiff with a notarized affidavit attesting that CARS currently owes the Defendant $90,000.00 under a Promissory Note dated August 16, 2006 (the Promissory Note"). A true and accurate copy of the Promissory Note is attached to the Gary Blank affidavit.
4. The Promissory Note requires Cars-USA, LLC to pay Anthony Concialdi, or his nominee, $90,000.00 on or before December 31, 2006. It also states that "in the event of a default in the payment of this Promissory Note, all monies due hereunder shall thereupon become due in full at the election of the legal holder hereof, without notice or demand."
5. Further, the third paragraph of the Promissory Note states:
"The undersigned hereby authorizes, irrevocably, any attorney of any Court of Record to appear for the undersigned in such Court if this Promissory Note is not paid in full when due, upon demand made in accordance with the terms herein, to confess judgment, without process in favor of the legal holder of this Promissory Note, for such amount as may appear to be due and unpaid thereon, together with reasonable costs of collection, including reasonable attorneys fees, and to waive and release all error which may intervene in any such proceedings and consent to immediate execution upon said judgment, hereby ratifying and confirming all that said attorney may do by virtue hereof.
6. The full amount of Plaintiff's default judgment against Defendant ($152,850.00) remains due and owing, and Plaintiff is entitled to step into Defendant's shoes and become his nominee under the Promissory Note.
7. Plaintiff requests an order making it Defendant's nominee for purposes of the Promissory Note. In addition, pursuant to the warrant of attorney in the Promissory Note, Defendant further requests entry of judgment in its favor and against CARS in the amount of $90,000.00 under the Promissory Note.
WHEREFORE, Plaintiff, Theodore Georgis, respectfully requests the relief indicated above.
AFFIDAVIT OF GARY BLANK
Gary Blank, under oath and under penalty of perjury, states and deposes as follows:1. I am over 21 years old and could testify to my personal knowledge to the facts contained in this affidavit.
2. I am the President of Sheridan Enterprises, Limited, an Illinois corporation that is the managing member of Cars-USA, LLC, an Illinois limited liability company.
3. On August 16, 2006, I signed "Exhibit A" to this Affidavit, which is a Promissory Note dated August 16, 2006 that requires Cars-USA, LLC to pay Anthony Concialdi, the judgment debtor in this case, or his nominee a total of $90,000 consisting of $75,000 in principal and $15,000 in interest, on or before December 31, 2006.
4. The full amount of the promissory note ($90,000), remains due and owing to Anthony Concialdi, or his nominee.
5. "Exhibit A" to this affidavit is a true and accurate copy of the promissory note I signed on August 16, 2006.
This concludes my affidavit.
PROMISSORY NOTE
August 16, 2006
For Value Received, CARS-USA, LLC., (Maker) an Illinois Limited Liability Corporation, with its principal place of business in Cook County, Illinois, does hereby agree and promise to pay to the order of ANTHONY CONCIALDI, or his nominee. (Payee), the principal sum of SEVENTY FIVE THOUSAND ($75,000) Dollars, with an agreed return of Fifteen Thousand ($15,000) Dollars, for the sum total of Ninety Thousand ($90,000) on or before December 31, 2006.
The undersigned agrees that in the event of default in the payment of this Promissory Note, all monies due hereunder shall thereupon become due in full at the election of the Legal holder hereof, without notice or demand. In addition, no extension of time or other forebearance granted to the undersigned shall operate to relieve the undersigned from and liability hereunder, and notice of such extension or other forebearance is hereby waived.
The undersigned hereby authorizes, irrevocably, any attorney of any Court of Record to appear for the undersigned in such Court if this Promissory Note is not paid in full when due, upon demand made in accordance with the terms herein, to confess judgment, without process in favor of the legal holder of this Promissory Note, for such amount as may appear to be due and unpaid thereon, together with reasonable costs of collection, including reasonable attorneys fees, and to waive and release all errors which may intervene in any such proceedings and consent to immediate execution upon said judgment, hereby ratifying and confirming all that said attorney may do by virtue hereof.
All parties to this Promissory Note hereby waive presentment for payment, notice of dishonor and protest. If this Promissory Note is signed by more than one person, then every obligation and authorization of the undersigned shall be joint and several, irrespective of the use of verbs importing the singular number.
An executed facsimile copy shall be legally binding or until original document is signed and exchanged.
Signed and Sealed on the above date.