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Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 99981
Experience:  Counselor at Law.
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I live in Texas and I want to know if the State steps are in

Customer Question

I live in Texas and I want to know if the State steps are in charging a person with deceptive trade practices if that person is an officer of a corporation and the corporation is not a dba. And why would a contract between t h e corporation and the plaintiff of which the allegation is based on is not looked at?
Submitted: 1 year ago.
Category: Business Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation.
1) Are you asking if you would personally be liable?
2) HAS the Attorney General filed suit?
3) Is the corporation still in good standing with the State? Or, not sure? Is it still operational?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
1.yes
2.the DA did
3.it was at the time of filing
Expert:  Ely replied 1 year ago.
Thank you.
4) It was at the time of filing, but is it now?
5) Did the DA file a criminal or civil complaint? Sounds like civil, but I want to make sure.
6) The Defendant is listed as the corporation only, or, also you?
Customer: replied 1 year ago.
4. It was at the time f filing
5.criminal
6.me only/personally
Expert:  Ely replied 1 year ago.
Thank you.
Sounds like you are being charged under Texas Penal Code §32.42.
Okay, what exactly are you asking here? I do not understand what you mean by "what are the steps?" And, tell me more about the contract aspect.
Customer: replied 1 year ago.
I was paid to work on a building and ran into problems from the city with the property after we began the job. We completed 14000.00 worth of work without pay on a associated property of which we back charged as agreed on property no 2. We were paid 56000 and performed a total of 56000 worth of work until that forced stop. I did not make a dime but the property owner filed a complaint with the DAS office and did not investigate. They walked the complaint in to the grand jury without investigating the truth. They went on hearsay. That's the jist of it.
Expert:  Ely replied 1 year ago.
Thank you. I understand. Okay, what are you asking then, exactly?
Customer: replied 1 year ago.
Is it legal to be changed with a crime that is contracted thru a separate entity as an individual
Expert:  Ely replied 1 year ago.
Well, yes.
What has happened here is that the D.A. is claiming that you and the corporation were actually the same person and that the corporation was actually a shell. See here. While typically applied to civil cases, the same principles attach to criminal cases.
Someone in your situation may wish to of course, disagree and fight the charges.
Now assuming this is beaten, someone in your situation can then sue the person that alleged all this for:
Intentional infliction of emotional distress
Defamation, and
Malicious prosecution.
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