***** 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?