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***** Texas-licensed attorney with business law experience only. *****
The Texas Comptroller of Public Accounts incorrectly has my name and home address on file as the Registered Agent for a corporation that I briefly worked for in 2009 as an independent contractor. The Comptroller's office has been mailing me collection letters for the past nine (9) months. Last week, it filed a lawsuit against the corporation and sent a sheriff to my house to serve me papers.
I am not now, nor was I ever, an employee, director, officer or shareholder of this corporation nor a registered agent. I have no legal obligation, or authority, to respond to any inquiry or action on behalf of this organization. I have mailed two (2) Certified Letters to the Comptroller's office stating these facts and demanding immediate removal of my name from their records. I never received a response, and they never corrected their records.
My understanding is that this corporation never generated revenue and is now defunct. I advised the Comptroller's office of this, and that I did not have any contact information for anyone who was connected with the business that they could contact.
Before discarding this suit, I want to confirm that I will not be personally attached to any default judgment against this organization. There is no point in mailing another letter to the Comptroller's office, and mailing a letter to the court would likely not result in any change.
The Comptroller's willful noncompliance in recognizing that I am not a responsible party and removing my name is XXXXX XXXXX My question is:
a) Is there any final step I should take to remove my name from the state and court records? I am certainly not authorized to file an Answer in this suit.
b) The sheriff left a notice on my front door when I was not home, asking me to call to arrange delivery of the court papers. Should I avoid service in this matter?
Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.
Please review sections 5.201 through 5.205 at the link below:
If possible you need to take the steps shown at 5.205 and carbon copy your rejection and termination notice to the Texas Secretary of State, the court, and to the Comptroller by certified mail return receipt.
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I am a licensed Texas attorney and the answer that I have given to you is 100% on point. You cannot resign from being a registered agent if you never consented to being one.
According to your statement below, you never agreed to be a registered agent:
"I am not now, nor was I ever, an employee, director, officer or shareholder of this corporation nor a registered agent."
So, you need to formally reject the appointment as per 5.205.
If you do not want to pay for my answer you are free not to do so. But, my answer is 100% on point and accurate.
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