Hello. Thank you for using JustAnswer.
I will answer your questions in order:
1) the vendor can legally go after her, but there is a good chance that she will prevail (see #2);
2) there is no statute that specifically addresses this situation. It's dealt with under principles of contract and agency law. Her defense is that she signed in her capacity as agent for the company under the company's authority and at the company's direction. As such, she does not have personal liability for the debt, notwithstanding the fine print regarding personal liability.
As an agent, there is no personal liability and this is further bolstered by the fact that the personal liability was not made apparent, but was hidden in the small print of the contract.
This should be her defense to the suit laid out in her "Answer", which is due 28 days from the date she received the summons/complaint.
3) the vendor does not need to ask for a corporate resolution unless there are circumstances that lead the vendor to believe the asserted agent does not have authority. I would not go down this route if I were you because, if it were found that a corporate resolution were needed, your daughter may lose her agency argument.
4) the credit application could be valid even if not signed by an officer, as long as your daughter--as agent--was instructed to sign the application by someone with authority.
5) she should deny the allegations in the complaint that she owes the debt. She should state the facts discussed above in #2. She should ask the court to dismiss the case for lack of jurisdiction and "failure to state a claim upon which relief can be granted against this defendant in her personal capacity".
Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).