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Last year I signed a settlement agreement with an entity (Express

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Tax) which was previously dissolved...
Last year I signed a settlement agreement with an entity (Express Tax) which was previously dissolved by its parent company (HR&BLOCK) to pay them over $200K for funds we received 2 years (when they attempted to buy my tax office through an acquisition agreement in which they later canceled). I was scheduled to pay them this month but a had an extraordinary large amount of past due receivables this year. I attempted to pay them 10% for a one year extension but they are now threathening to sue for breach of contract. Is is possible for an entity to that has already been dissolved to sue us or is this simply the attorneys that purchased the debt from the dissolved entity?
Submitted: 4 years ago.Category: Legal
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Answered in 1 minute by:
5/1/2013
Lawyer: ScottyMacEsq, Attorney replied 4 years ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,489
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

It's not possible for an entity that has been dissolved to sue, as they would not have any legal ability to do so. They would have to be in "good standing" with the Texas Department of State, otherwise you could get the case dismissed. That being said, however, the agreement and underlying debt could have been assigned to the parent company, and as such, the parent company (or other owner of that debt) could still sue, if they're in good standing.

ScottyMacEsq :

Of course that is subject to any challenges that the debt was validly transferred, that they own the debt, etc... and as such you should confirm ownership and the ability to collect with the attorneys threatening such a lawsuit.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

ScottyMacEsq :

I see that you have not responded in some time. Please note that this question is still open until you rate it as good or better. I believe that I have answered your question, bu tHoif you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

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