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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111466
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In the process of installing a generator customer, he

Customer Question

In the process of installing a generator for a customer, he decided to cancel, the contract was 10000 the job was 75 % completed he had paid 4500. I agreed to take back the generator and refund about 1800, some time went by and we did not pick up the generator and I did not return the 1800, for no reason other then time and cash flow. A summons was issued to the corporation and myself for the 4500. I called the attorney and offered to satisfy the original agreement he refused. The sum and is not issued to the correct corporate name and personally
I am an officer of the corp. I ignored the summons and there now is a hearing coming up as to why
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to have an attorney representing the corporation, but you can represent yourself. So if you have a hearing coming up, you need to file a motion to dismiss based on him suing the improper party as the owner is not liable for contractual issues of the company. Once you do so you will need an attorney to represent your company if he names them in the suit.
Right now he is in breach of contract and as such you have a counter suit you can file against him, because you are entitled to the payment for work you did and he canceled the contract without good cause. So you have claims against him, but you cannot continue to ignore him and you have to get an attorney to represent the company by law to bring the claims, but from your statement above that is what you are going to have to do.