Legal Question in Business Law in California

suit against my business from a leasing company

hello,my name is--name removed--i am president os a small telecom company,which is not very active rite now,and i was going to close the corp.this year.

but now i recieve a lawsuit naming myself as a defendent,claiming that i signed a equipment lease with some company (and got computers worth $40.000 )and failed to pay there money.

but the all the lease papers are signed by another person( a person,i knew - unfortunately )he has signed papers showing him as the president of my company( which he never was)

this person was never a part ( owner or employee of the company) but i believe had some basic info. about my business life - tel #`s,address,bank account .

so,i wanna know how much responsible myself and my company is ..and how should i proceed. im finding a good attr. rite now, who can file a respond .

plz. help!


Asked on 8/16/00, 5:19 pm

5 Answers from Attorneys

stan lieber law offices of stanley p. lieber

Re: suit against my business from a leasing company

I have read the replies from the attorneys who have responded. Their advice is accurate. You need to file an answer and a cross complaint. If you need an attorney in Los Angeles or the San Fernando Valley, call us to discuss. We don't charge for an initial consultation and will advise you of our fees.

Sincerely,

Stan Lieber

818 888 1811

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Answered on 9/23/00, 3:05 pm
Scott Shabel Law Offices of Scott Lee Shabel

Re: suit against my business from a leasing company

If only the corporation signed the lease, there should be no basis for naming you individually as a defendant, so long as you observed all requisite corporate formailities. Whether the corporation can be held liable based on a forged signature depends on whether the leasing company can rely on the "ostensible" authority of the signer, and whether the equipment has or can be returned. In any case, you cannot ignore the lawsuit, or you risk that a money judgement may be entered against you, and then executed upon against your personal and/or corporate assets. If you would like to know more, please contact us www.labusinesslawyer.com.

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Answered on 9/23/00, 8:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: suit against my business from a leasing company

You need to take immediate action to defend yourself and/or your company, and I hope you already have, because you may already be in default on response to the summons and complaint. Were you actually served, or is the suit only threatened at this time? "Receive a lawsuit" could mean either.....

You may have a good defense, and/or you may have rights against the person who signed the lease; a lawyer can advise you after reviewing the leases and the complaint. If you are in my part of the state, I can assist you.

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Answered on 9/22/00, 4:42 pm

Re: suit against my business from a leasing company

If you did not sign on behalf of yourself, personally, and did not authorize someone else to sign on your behalf then you should not have liability. However, proving this information may be another story.

You will likely be required to defend yourself in the lawsuit with the other side working hard to prove that it was you or authorized by you. You should make sure to act timely to defend yourself.

Call me to discuss if you are in So. Cal.

J. Caleb Donner 805-494-6557

e-mail: [email protected]

web site: www.donnerlaw.com

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Answered on 9/22/00, 5:07 pm
John Hayes The John Hayes Law Offices

Re: suit against my business from a leasing company

You need to file an answer immediately, if you have not already. If you failed to file an answer within 30 days of being served a default judgement may have already been filed against you. If so, you can fight it. When you file your answer you also need to file a cross-complaint against the man named on the contract in question, if he isn't already a defendant. If you haven't already found an attorney to help you in this matter please feel free to contact my office for a free, no obligation consultation. My toll free number is 877-546-9918. You can also email me at [email protected]. My main office is in San Luis Obispo, which is located half way between LA and San Francisco. My location and satellite offices in LA, the Bay Area and Fresno enable me to handle cases throughout the State of California. If I don't hear from you I wish you the best of luck in defending this action. With a good attorney you should be able to beat this with little effort and little money spent.

Sincerely,

John Hayes, Esq.

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Answered on 9/22/00, 8:44 pm


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