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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 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: 3 years ago.Category: Business Law
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5/27/2015
Business Lawyer: Ely, Attorney replied 3 years ago
Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 103,582
Experience: Counselor at Law.
Verified
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.
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Customer reply replied 3 years ago
1.yes
2.the DA did
3.it was at the time of filing
Business Lawyer: Ely, Attorney replied 3 years 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?
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Customer reply replied 3 years ago
4. It was at the time f filing
5.criminal
6.me only/personally
Business Lawyer: Ely, Attorney replied 3 years 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.
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Customer reply replied 3 years 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.
Business Lawyer: Ely, Attorney replied 3 years ago
Thank you. I understand. Okay, what are you asking then, exactly?
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Customer reply replied 3 years ago
Is it legal to be changed with a crime that is contracted thru a separate entity as an individual
Business Lawyer: Ely, Attorney replied 3 years 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.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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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.

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