Legal Question in Business Law in Missouri

When I started my business in 2008 I incorporated it as a LLC which my landlord knew. The lease stated my name followed by DBA my company name without the LLC. I didn't realize this at the time but the signature line stated my company name then By: My name underneath so I went ahead and signed the lease. Since the original lease was signed the landlord changed his company and became incorporated. My company fell behind on the rent payments and owed back rent. The landlord hired a lawyer who filed an unlawful detainer suit against the same name stated on the lease even though the lawyer and the landlord knew the business was an LLC but listed the landlord's new company name. I've now been to court believing I was going as the agent of my company and admitted that the company owed the back rent but stated that the company was in the process of closing and liquidating assets so there was no money to pay the back rent. The landlord received a judgement in their favor. I signed the judgement with the understanding that I was the agent and that it was against my corporation. The landlord's lawyer is now trying to garnish my wages personally saying that because I signed the judgement I am personally liable. Is this right? Is it legal for the lawyer to file the lawsuit with my name DBA when he knew we were a LLC? Also the lawsuit and judgement do not even have my legal name on them so are they correct?

Asked on 7/24/14, 8:04 pm

Anthony Smith LawSmith

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The judgment should match the Petition. If the name of the Defendant isn't the same as the Judgment, you may be able to get it changed.

Good luck

Answered on 7/24/14, 8:15 pm

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