Legal Question in Business Law in Texas

I owned a small business in Texas, organized under a LLC. Due to the dramatic slow down in new home construction and the accumalation of losses (over 250,000.00 in 2008), I was forced to shut the business down in 2009. I was wrapping up filings with the IRS and disolving the LLC with the State of Texas when I recieved a notice of suit from an individual that the LLC owed some money to. Because I had already filed to desolve the LLC, I did not respond to the suit. Now this individual has recieved a Default Judgement. After reviewing the documents I received, I noticed that the suit is against My Name, Individually and D/B/A the company name, but does not have the LLC attached to the company name. Is this a ligitimate judgement? I, personally, never received any thing from this individual. He is owed money for materials used by the LLC. The company never opperated under a dba, only a LLC. Doesnt the LLC protect me personally and how can he come after me? What do I do now to resolve this judgement?


Asked on 1/29/10, 6:35 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, you should have responded to the original suit. The failure to respond timely has resulted in the default judgment. You should consult with a local law firm to see if you have the ability under the Rules of Civil Procedure to have the default judgment thrown out and handle the case correctly through the LLC's assets.

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Answered on 2/04/10, 12:06 pm


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