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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102597
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am being sued by a vendor that provided services to my fathers

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I am being sued by a vendor that provided services to my father's company after I signed a sworn statement as secretary of the company I have no ownership in. The vendor is suing me personally for "slander of title." I was acting as an employee of the company signing a document I was told to sign (waiver of lien). Can I be held responsible for the money owed to the vendor. (business is dissolved by the bank lender).
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Customer: replied 7 years ago.
My question is do you think I can be held personally liable for the $40K they are suing me for even though I was acting as an employee who has no ownership in the business. I am an officer of the company "secretary" who can sign legal documents on behalf of the company.
Can you tell me more about what happened exactly?
Customer: replied 7 years ago.
Construction project in Oswego, IL. We were the subcontractor performing concrete work. Our company operations were taken over by our bank and we they had someone working in our office that was making decisions as to who got paid etc. We inadvertantly left the concrete supplier off the lien waiver/sworn statement that we submitted to the customer for payment. Then we got paid and our account was overdrawn etc. and we were unable to pay the supplier. Several months later the supplier filed a lawsuit against me personally because I signed the waiver/sworn statement which did not have them listed as a supplier. My question is can I be held personally liable for this? Is there any law that protects an employee from personal liablility when working for a corporation?
Is he suing the company jointly as well, or just you?
Customer: replied 7 years ago.

At first they were suing both the company and myself, then the company's lawyer was able to get them removed from the lawsuit leaving me hanging and the last I heard was the vendor was trying to get the company back into the lawsuit. You see, my fathers company's bank is paying for their lawyer to defend the bank/company's interests but not mine.

I'm sorry, but the attorney seems correct. While the company generally is also liable for your actions, you are too, specifically. However, don't give up hope. First, get an attorney if you can. Second, ask for mediation. About 80% of such cases end in mediation and its legally enforcible. I can help you find an affordable attorney if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 7 years ago.

If you could, please give me a reference for someone who is specialized in IL law, construction or real estate law, and possibly someone who has worked in Will County IL.

 

Absolutely. I'd like to refer you to the IL Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.

http://www.illinoislawyerfinder.com/phonereferral.html

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”













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