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A president can be sued, but only for their personal actions.
The president of the corporation is only liable for their personal actions, not for the acts, liabilities, debts of the corporation.
I am being sued for corporation debt because the corporation status was revoked. The status has been restored? Should I just tell the attorney that I will not pay the coporation debt?
What is the status of the lawsuit, and did you sign as a personal guarantor of the debt?
No personal guarantee was signed. The lawsuit is pending a court date. They are trying to serve me with papers for the court date.
If there was no personal guarantee, there is no personal liability - the status of the corporation is immaterial.
If you are served with a lawsuit, you can respond to the complaint with a demurrer. A demurrer is a pleading that says "no matter what is said in the complaint there can be no liability"
Do I get the demurrer from the county courthouse?
I am sorry, a better phrasing "accepting everything that is said in the complaint as true, there can be no liability"
A demurrer is a pleading that you will have to draft, then file with the court and serve on the other party. (You will only have to do this after you are served with the complaint).
OK thank you.
I have a copy of the complaint sent to me via email. Is that all I need to file the demurrer?
The complaint sent to you via email is not proper service (unless you wish to accept it that way). You can file a demurrer to the complaint and set a hearing date based on that (test the sufficiency of the complaint). You can also contact opposing counsel and threaten the demurrer and see if that is sufficient to get them to withdraw the complaint (this is fairly basic corporate law).
If I file the demurrer, do I still have to go to court if they persist?
If you file a demurrer, you are filing a motion. This means that you are setting a hearing date and will need to go to court on that hearing date to argue your motion.
So it sounds like I should hire an attorney for this and the court date?
Retaining counsel is the best way to improve your chances of success. An attorney will know their way around the court and best be able to deal with the hearing dates etc. An attorney is not necessary, but I would highly recommend it.
OK, I'll contact a local attorney and see how much it will cost with my limited funds. Thanks
I can give you a couple of sites that will be helpful in locating a local attorney. You can find attorneys on your State Bar Association’s website: (http://www.dcbar.org/for_the_public/); Martindale Hubble: (http://www.martindale.com/); or, on AVVO: (http://www.avvo.com/find-a-lawyer).
To keep costs down, I recommend finding an attorney that is working in a small firm or as a solo practitioner. A newer attorney usually charges slightly less than a more experienced attorney, while the more experienced attorneys are usually a little more efficient. In the end, you need to find an attorney that you feel comfortable with, and it is okay to speak with more than one before retaining one.
OK, thank you.
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