Got sued by a company that does not exist

[businessone]

Recently I received a lawsuit from a corporation regarding some job I did for them in the past 2 years ago (construction).

I tried to find their company in the State's entity search but I could not find anything. It seems that they used to have this company up to 10 years ago before their store went on fire. They collected some money from the insurance and then they changed the business name, put someone else as a registered agent and reopened the same store.

For the last 10 years they operate under a different name and the lawsuit was filed using the old inc, which they still use on their checks.

I went to my accountant and registered the exact same name as an INC under my name with the state and I got a EIN as well from the IRS.

Can I sue them for using my company name in court against me?

 

[Kiawah]

Recently I received a lawsuit from a corporation regarding some job I did for them in the past 2 years ago (construction).

I tried to find their company in the State's entity search but I could not find anything. It seems that they used to have this company up to 10 years ago before their store went on fire. They collected some money from the insurance and then they changed the business name, put someone else as a registered agent and reopened the same store.

For the last 10 years they operate under a different name and the lawsuit was filed using the old inc, which they still use on their checks.

I went to my accountant and registered the exact same name as an INC under my name with the state and I got a EIN as well from the IRS.

Can I sue them for using my company name in court against me?

I think you are going to have to re-write that paragraph, into a clearer account and timeline of what happened, and when did it happen. What are they claiming in the law suit?

 

[FlyingRon]

Corporations don't go away because they close a store. Nothing prohibits them from operating under a different name than the name of the corporation (though local law may require registration of the fictitious name). Just because you registered another company with the same or the similar name doesn't mean much.

You can't sue them for having a corporation under the same name you are operating under. You might argue they have lots TRADEMARK rights to the name, but your argument is like saying I can't file lawsuits in my name just because there's another person by the same name that I want to sue (for different reasons).

You're going to have to address the lawsuit against you on the merits. You're not going to get out of it on some invented technicality due to the entity name.

 

[businessone]

Corporations don't go away because they close a store. Nothing prohibits them from operating under a different name than the name of the corporation (though local law may require registration of the fictitious name). Just because you registered another company with the same or the similar name doesn't mean much.

You can't sue them for having a corporation under the same name you are operating under. You might argue they have lots TRADEMARK rights to the name, but your argument is like saying I can't file lawsuits in my name just because there's another person by the same name that I want to sue (for different reasons).

You're going to have to address the lawsuit against you on the merits. You're not going to get out of it on some invented technicality due to the entity name.

I agree that the proper way to handle this is to address the lawsuit and this will be taken care of. They owe me money for the never ending job as well.

Probably I did not made myself clear on this.

The corporation that is suing me simply does not exist in any state. It is not a registered company any more and simply does not exist. It did not exist when I was doing the work for the store. This incorporation was dissolved 10+ years ago.

The store is run by a new corporation with a totally different name and a new registered agent. The new corporation did not sue me.

I received a lawsuit from a company that does not exist and their lawyer is representing a non-existent company. The lawsuit is against me personally.

I went to my accountant and incorporated a new company under the exact company name they used to file the lawsuit.

My questions are:

1. How can I get sued by a company that does not exist. I am not getting sued by a person or an existing company.

2. Can I sue them for using the name of my new INC in the same state? They send me letters and present themselves as owners of MY incorporation.

 

[cyjeff]

1. How can I get sued by a company that does not exist. I am not getting sued by a person or an existing company.

Excellent question to ask the judge. However, I would be prepared to hear that the judge doesn't believe that the name of the company erases your obligation to the persons/company involved.

2. Can I sue them for using the name of my new INC in the same state? They send me letters and present themselves as owners of MY incorporation.

You can try.

However, this type of legal chicanery will get you a very stern talking to from a judge... to the point I would have a hard time finding a credible attorney that believes that your hijack of their name after the fact somehow invalidates their case against you.

You intentionally stole their name. Be prepared for significant fall out.

Don't bother with your excuse... the only reason you took that particular name was because they were suing you.

You may have actually given their case MORE credibility by going down their right... you see, if the company's name had no value, why would you want it?

 

[divgradcurl]

1. How can I get sued by a company that does not exist. I am not getting sued by a person or an existing company.

Do they claim to be incorporated in their complaint? What state do they purport to be incorporated in?

If they claim to be incorporated, and there is no record of a current incorporation in the state that they claim to be incorporated in, then file a motion to dismiss based on their lack of standing to bring a lawsuit. Corporations cannot appear in court except through an attorney, and a corporation that is not in active standing with its state of incorporation cannot retain counsel.

Note that this is generally a curable defect -- the nonexistent corporation could get its incorporation status up-to-date, or the "corporation" could potentially refile the complaint as a partnership or other business entity, which doesn't have the restrictions a corporation does, depending on the facts. But that, at least, would give you more time.

2. Can I sue them for using the name of my new INC in the same state? They send me letters and present themselves as owners of MY incorporation.

No.