Court Summons

[stockholder36]

From Kentucky:
My associate in our small LLC business, held up payment for several months to a local company because we were disputing their services.

After several months their attorney sent several letters addressed to my associate and not the company. Although the invoice was in my associate's name, he informed their attorney twice in writing that this wsa a company issue and not personal, and that we would resolve it within a month.

In the mean time, my associate received a court summons address to him and not the company.

Can an attorney file a personal suit, although he was informed in several writen letters over sevral months?

 

[I AM ALWAYS LIABLE]

My response:

Your answer is in the contract your "associate" signed. Was it XYZ Company (Creditor) contracting with your company name, or was XYZ Company contracting with your "associate's" name ?

If the latter, then the Summons is correct. Also, if the latter, then it doesn't matter if your "associate's" intent of the benefit of the contract was to be for your company.

Also, check to see how the contract was signed; e.g., was it signed by your "associate" on behalf of your company, or was it signed using his name only, and not on behalf of any particular corporate body; e.g., there may be a provision or clause in the contract that says words to the effect that whomsoever signs the contract is "personally guarantying payment."

IAAL

[Edited by I AM ALWAYS LIABLE on 05-15-2001 at 12:28 PM]