Legal Question in Business Law in Pennsylvania
I dont know what kind of lawyer I need but ......
I had a business, out of existance as of 12-31-08 we paid all our creditors and left the company in good standing. We cancelled the phone number and the person who requested our old number has been working using our name and attempting to get credit and merchandise with our accounts. He is taking deposits from people and I am being hounded because he is using our address. how do I legally put a stop to this. It was an overhead door company, my main concern is he is unlicensed uninsured unprofessional and has no experience. If he installs something incorrectly someone will get hurt.... I dont want that to happen. How can I stop him from using our company name. I am now getting letters from the BBB people complaining. The mail is coming to my home . please help as he is going as far as stating that he is me.....
1 Answer from Attorneys
You are in a tough spot. It sounds like you tried to close your business, but instead legally you created an agent-principal relationship with this person. As the principal, you are generally responsible for what your agent does in your name. The good news is that this is a simple matter to solve. How to solve it depends on your business' entity (were an LLC, a solo proprietor, a corporation, etc). You need to legally close your business, in order to separate yourself from the lawsuits this person is creating. Your situation is urgent, though. You need a business lawyer that is familiar with creating and dissolving businesses. Your attorney will also need to be familiar with contract law and business litigation. Feel free to call me and I can point you in the right direction. Or contact your local bar association for a referral. Good luck.
Sharmil McKee
Business Attorney
McKee Law Office
Philadelphia, Pennsylvania
215-242-5260
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