Legal Question in Business Law in Texas
My husband and I are shareholders in our "S" corp company and a debt collector has just sued me for a company debt. Can they do this if I signed a equipment lease for the company?
1 Answer from Attorneys
s a Franchise Attorney I can say the following. Yes they can sue you, because they already did. The more important issue is whether you can be held personally liable for a corporate debt. If you didn't personally guarantee the lease, then they would have to "pierce the corporate veil" to go after you individually. This typically involves showing you failed to follow corporate formalities (regular board of director and shareholder meetings, etc.) The most important thing to do right now is to seek legal counsel to review the complaint and decide on the appropriate response. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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