How do I file a lawsuit against a corporation in Texas

[cecetx]

My supervisor has demanded that I file a lawsuit against one of our corporate vendors. We don't have a legal department and she says I cannot hire a lawyer. She wants me to do this on my own.

We are in the telecommunications industry in Texas. The situation is she claims that she was given a quote with an exorbitant minimum amount of electronic components that
she had to buy. The components have been paid for, but now my supervisor wants a refund. The vendor says my supervisor's claims are untrue concerning the quote and have refused to give a refund on the grounds that a Non-cancellation/Non-returnable parts agreement was signed. Neither of them have given me proof to back up their claims, yet I am expected to clean it up.

I have a degree as a legal secretary, but I'm not a lawyer. I did not take Business Law. I am an office manager. I have no idea what the steps are for filing a lawsuit. I think my supervisor is being irrational and just trying to use scare tactics to make the vendor do as she wants. How do I file a lawsuit?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by cecetx:
My supervisor has demanded that I file a lawsuit against one of our corporate vendors. We don't have a legal department and she says I cannot hire a lawyer. She wants me to do this on my own.

We are in the telecommunications industry in Texas. The situation is she claims that she was given a quote with an exorbitant minimum amount of electronic components that
she had to buy. The components have been paid for, but now my supervisor wants a refund. The vendor says my supervisor's claims are untrue concerning the quote and have refused to give a refund on the grounds that a Non-cancellation/Non-returnable parts agreement was signed. Neither of them have given me proof to back up their claims, yet I am expected to clean it up.

I have a degree as a legal secretary, but I'm not a lawyer. I did not take Business Law. I am an office manager. I have no idea what the steps are for filing a lawsuit. I think my supervisor is being irrational and just trying to use scare tactics to make the vendor do as she wants. How do I file a lawsuit?<HR></BLOCKQUOTE>


My response:

Translation: "Please put me through lawschool so I can write a Summons and Complaint, serve and respond to discovery, and everything in between, and then to go into trial so we can win".

You have got to be kidding me!! Your supervisor is not only a nutbag, she's completely irrational. If this is the type of person you're working for, it's time to find another job.

Good luck while you're staring into space wondering, "What the hell am I going to do? I'm in a no-win situation here".

IAAL

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[JETX]

This one is pretty simple... you probably can't do it.

In Texas, if you are corporation, you cannot file a suit Pro Se (without an attorney). There are some situations that allow corporate pro se, but only if filed as an officer of the corporation.

Otherwise, the first step to filing against a corporation is to determine the 'registered agent for service'. Contact the Texas Secretary of State's office in Austin. Then, you sue the corporation with service on the registered agent.

Also, since you have already implied that the 'scare tactic' would be based on deceptive pricing ("exorbitant minimum amount of electronic components"), you might be making yourself liable if you were to file.

The best 'scare tactic' is to pay an attorney to write a letter to the vendor if the attorney doesn't realize the scam.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[cecetx]

Can you recommend a resource/statute that specifies who/what entity is allowed to try corporate lawsuits? I need some hard evidence to present when I tell my supervisor that I cannot complete her request. She's convinced that this can go pro se, but now, thanks to you, I know otherwise. I have contacted the State Bar of Texas (they were no help at all) and, at your suggestion, the Secretary of State's office. I have been on the Internet all morning doing research and I have not narrowed anything down other than filing procedures. I need to convince her that this is something that an attorney needs to handle.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Halket:
This one is pretty simple... you probably can't do it.

In Texas, if you are corporation, you cannot file a suit Pro Se (without an attorney). There are some situations that allow corporate pro se, but only if filed as an officer of the corporation.

Otherwise, the first step to filing against a corporation is to determine the 'registered agent for service'. Contact the Texas Secretary of State's office in Austin. Then, you sue the corporation with service on the registered agent.

Also, since you have already implied that the 'scare tactic' would be based on deceptive pricing ("exorbitant minimum amount of electronic components"), you might be making yourself liable if you were to file.

The best 'scare tactic' is to pay an attorney to write a letter to the vendor if the attorney doesn't realize the scam.

<HR></BLOCKQUOTE>