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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A company I used to work still own part of has been sued in

Customer Question

a company I used to work for although still own part of has been sued in court in Ithaca, New York but has my name on the lawsuit. Since I am no longer an officer of this company I am not allowed to represent this company. What reply do I send to the court?
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.

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, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

Can you please tell me:

1) Can you please explain what you mean by "your name being on" the suit? Are you listed as a separate Defendant? Or are you listed as simply the contact party/agent for the company? Is there any way you can upload the complaint?

2) Is the company is corporate entity/LLC, or not?

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.

Customer: replied 2 years ago.
I am listed as the contact person for that company, which is a BV registered in the Netherlands, similar to an Inc. The LLC mentioned is owned by the Dutch company but was not mentioned in earlier documents. I have not been an officer of the Dutch company since 2006. Attached is the suit. Thanks!
Expert:  Ely replied 2 years ago.

Thank you.

You sent me the notice of hearing. Can you attach the actual complaint (what you were served)? If not, that is okay, but this would be helpful.

I just need to ensure that you are not also a Defendant and/or there is an attempt to argue that the company is but a shell and you are the actual target (called "piercing the corporate veil").

Customer: replied 2 years ago.
I will send that to you in an hour or so. Thanks!
Expert:  Ely replied 2 years ago.

Okay, no problem. Thank you.

Customer: replied 2 years ago.
I have enclosed the complaint.
Expert:  Ely replied 2 years ago.

Thank you.

Since I am no longer an officer of this company I am not allowed to represent this company. What reply do I send to the court?

Technically, since one does represent the company in any capacity and is not the legal agent anymore (correct?), then the sensible course of action would be to:

1) Send a letter to the Plaintiff advising them that one is not an agent/officer/director of the company and that the service upon one is wrong in this suit, and

2) Forward the service along with a CC of the letter to whoever is now the registered agent for the company; and

3) CC the same letter to the Court.

Then it would be up to the Plaintiff and Defendant to work this out.

I hope this helps and clarifies. Please 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 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 by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!