Legal Question in Business Law in Florida
I own an electronics business. My corporate license has dissolved because I did not pay the renewal. They wanted the $150 plus $500 penalty to renew which I did not have because of the bad economy. I have continued to operate the company in an effort to recover and take care of this problem when funds become available.
I�m being sued by a customer who was stated in the court documents that I represented myself under false pretenses. This individual has been my customer for over 20 years. The job I�m being sued for was done about 8-months ago after the corporation dissolved. in 2010.
I sold and installed a security camera system for $4184.00. The system works correctly, however; it must be controlled by a remote to get video playback. The remote control worked in the beginning but failed. I sent the remote back to the manufacturer for a replacement. In the interim of waiting for the new replacement remote to arrive the customer decided to sue for a full refund of the entire system. The plaintiff is suing $4184.00 The remote that the customer refused is only a $40.00 item.
Is the �corporate license dissolved issue� valid grounds for a full judgment to be awarded to the plaintiff even if the complaint on the system is weak and most likely would not warrant a full judgment.
1 Answer from Attorneys
No. the administrative dissolution of state incorporation is not adequate to support
the plaintiff's case unless there were specific provisions in the contractual agreement
requiring the corporate status. Your business was still operating; the failure to pay
the annual fee is not sufficient grounds for the plaintiff to assert misrepresentation.
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