Corporate Law Corporation being sued

[sfrank]

My company was just served with a law suit and my company, ABC, Inc and my name was named in the lawsuit. Is it possible to sue a corporation and an individual under the same complaint? I am an officer of the corporation.
Thank you in advance.

 

[jharris352]

It is possible depending on what the law suit is about. However, if you were acting in your official capacity you are not personally liable. If you appear as a defendant individually you should be able to answer that you are not liable as the "corporation" is the entity that was acting with the Plaintiff. Individually you should get a summary judgment.

 

[sfrank]

The suit briefly is: The officer/shareholder, of our company did business and signed a contract to sell products through another company (the company which is suing us). Customers came to us, and we processed the orders through xyz, corp and then the manufacturer of the product issued charge backs to xyz, corp and in turn, xyz, is suing us because we sold the product initially to the customer even though XYZ, corp. processed the order. All goods were delivered from all parties, it wasn't till after the fact that the manufacturer delcared a decrepancy in the price of the sale of the goods.
So the suit names my corporation and me. Can they sue me too? I was the one that took the orders and passed them on to the company that processed them.
Thank you again.

 

[jharris352]

If you were acting solely on the behalf of the corporation in your official capacity, then you have no personal liability. You still have to answer the claim but you will not be found liable.

 

[sfrank]

Thank you for your help. I went to the court house today and they said that I can answer the summons in reference to me only but I need an attorney for the Corrporation. Since the corp. is worthless/out of business and I am only going to answer for me then I understand that I automatically lose for the corporation. Does this mean that I would lose personally too since its the same lawsuit? What I'm going to do is deny all claims in regards to me or should I do a motion to dismiss myself. Thank you again.

 

[sfrank]

In a follow up to my summons, I answered on behalf of me, not the corp. and I counterclaimed the summons as well.
I just received the reply to counterclaim and was wondering what comes next.
Also, the reply was still sent to me and the corp.
Thank you again

 

[jharris352]

Because the corporation is out of business, if they can show that you took assets from the corporation they can sue you personally for those. But you sound like you are on the right track.