J
jbrnd
Guest
My state is Texas. I am a president in a company (incorporated) that is going out of business. I purchased this company from a previous owner. This previous owner had opened an account with a vendor and had personnally guaranteed this account. This previous owner became involved in an embezzlement case (with other companies). When the vendor became aware of this, they shut down the account of my company. Because of the extent to which the former owner is involved in the "embezzlement" case I too am forced to shut down my company. The vendor is suing. My company does owe the money (I do not dispute this).
My problem is that when the vendor initiated the suit in small claims court they filed the paperwork as the "vendor" suing the "corporation" by serving myself, the court somehow changed the wording on the claim to the vendor suing as "me" DBA "the name of my company". I tried to explain this to the Judge, the vendor agreed with me, that they were not suing me personnaly or that there was no DBA, but suing the corporation. I also explained to the Judge, that I had not personnally guaranteed this account. I told the Judge that the suit needed to be refiled or changed back to the vendor suing the corporation. The Judge asked me what position I held with the company (President)then said he found for the plantiff. That because I was the President I was personnaly liable for the money.
What recourse do I have? If the judgement reads: that Defendent "me" DBA "company" is liable, does this mean that I personnally have been sued? liable? or simply that the "company" is liable? Should I appeal? What is the procedure to appeal? Where do I get the paperwork? Can I do it myself or is an attorney required?
My problem is that when the vendor initiated the suit in small claims court they filed the paperwork as the "vendor" suing the "corporation" by serving myself, the court somehow changed the wording on the claim to the vendor suing as "me" DBA "the name of my company". I tried to explain this to the Judge, the vendor agreed with me, that they were not suing me personnaly or that there was no DBA, but suing the corporation. I also explained to the Judge, that I had not personnally guaranteed this account. I told the Judge that the suit needed to be refiled or changed back to the vendor suing the corporation. The Judge asked me what position I held with the company (President)then said he found for the plantiff. That because I was the President I was personnaly liable for the money.
What recourse do I have? If the judgement reads: that Defendent "me" DBA "company" is liable, does this mean that I personnally have been sued? liable? or simply that the "company" is liable? Should I appeal? What is the procedure to appeal? Where do I get the paperwork? Can I do it myself or is an attorney required?