View Full Version : Question for the legal types.
al24
February 20th, 2008, 04:05 AM
I'm being sued.
Well, my company is. I got the demand letter yesterday and noticed they have my corp name on it. My corp was formed after the reason for this suit. No, it wasn't formed to try and get around this either. It was formed on advice of my accountant. So my question is, do I notify the law firm they've got the wrong entity on the papers or do I not.
What are the consequences if I don't notify them in advance?
CapnCrunch
February 20th, 2008, 04:27 AM
I'm no expert on this, but I'd suggest posing this question to your lawyer.
ZappBranigan
February 20th, 2008, 08:55 AM
Did they serve you a demand letter or a complaint? IIRC a demand letter is what you send before you file suit.
In any case, a mere technical mistake on the plaintiff's part probably isn't going to protect you, and if the alleged tort happened before you incorporated the incorporation may not shield you from personal liability.
What you need to do is consult your lawyer if you have one. If you don't have one, you need to get one. Yes, lawyers cost money but in your situation, not having a lawyer will cost you a lot more, sorry to say. :(
DaJudge
February 20th, 2008, 10:35 AM
Did they serve you a demand letter or a complaint? IIRC a demand letter is what you send before you file suit.
In any case, a mere technical mistake on the plaintiff's part probably isn't going to protect you, and if the alleged tort happened before you incorporated the incorporation may not shield you from personal liability.
What you need to do is consult your lawyer if you have one. If you don't have one, you need to get one. Yes, lawyers cost money but in your situation, not having a lawyer will cost you a lot more, sorry to say. :(
What he said. If you PM either/both of us with some details we might be able to recommend someone.
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