Legal Question in Business Law in Texas

I have been sued by someone here in Texas (a corporation). The suit was filed by the corporation. I have confirmed through the Texas Secretary of State that their corporate charter was revoked. It is my opinion that they do not have the legal remedy to sue me. What Texas Statute supports me.

They are not registered in any state and they were registered here as a corporation. I would like to pursue a summary judgment to dismiss this suit on my claim.


Asked on 3/18/10, 12:15 pm

2 Answers from Attorneys
James N. Willi Willi Law Firm, P.C.

If their corporate charter has been revoked, they lack standing to sue or defend. A motion for summary judgment alleging lack of standing should work fine.

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Answered on 3/23/10, 12:40 pm
Darrel Behring Darrel D. Behring, PC

Mr. Willi put is quite correct, so long as they cannot get the charter reinstated. They cannot sue so long as their corporate charter has been revoked, but they may be able to reinstate their charter. You need to be careful in checking the date charter was revoked and the time allowed by the Texas Statutes to reinstate the charter. You may want to file general denial and let additional time run before raising the revocation of the charter in the motion for summary judgment.

Darrel Behring

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Answered on 3/23/10, 8:32 pm


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