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Thread: Just got Served

  1. #1
    MAXIMA5's Avatar
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    Just got Served

    I'm F***ing pissed.

    I recently started a company, but haven't done business yet. The company is nothing more than an entity at this point. I haven't sold anything, provided any services, or done anything official yet.

    Well, I get a phone call this morning telling me my company and 3 people (I'm assuming they are employees) I've never heard of before are being named as defendants in a case 300 miles away.

    All I can think is that whoever had the name of my company before I registered it again with the state is the true defendant.

    Any suggestions?
    Last edited by MAXIMA5; 05-18-2006 at 09:37 AM.

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    hey bro.,if you havent stared doing business yet i wouldent think you have to worry. on the otherhand it could be possable that you were tracked down from something prior to the new business!?

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    I highly doubt that. I'm in the phone book. Why would they have to get to me through my company? My name isn;t even mentioned, from what they said, on the documents, just 3 names I've bever heard of any my company.
    I should counter-sue for slander.

  4. #4
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    I'm assuming your company is a partnership or sole-proprietor, in which case they should hold the owner responsible but it could depend(unlike a corporation where you can directly sue the company). Im confused who are these 3 ppl? Your employees?

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    cfiler's Avatar
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    Did you take over someone's buisness? Or just use the same name as one that was closed before.

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    i just picked a cool name, and the state told me it was available. I have no employees, never have. I'm the only owner and it's an LLC. I haven;t seen the documents yet, but the names they said on the phone of the other co-defendents were entirely unfamiliar.

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    MAXIMA5's Avatar
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    Quote Originally Posted by cfiler
    Did you take over someone's buisness? Or just use the same name as one that was closed before.
    i'm assuming the name must have been used before. I just really resent the fact that this attorney did little to no research. I'm willing to bet the date of the complaint was before I even formed the business.

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    keepworkinout is offline New Member
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    I'd pick up the telephone and call the attorney and find out what's up. I don't see that you have anything to lose by doing that.

  9. #9
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    noo worries, go to court and let the judge know what going on! good luck!

  10. #10
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    Quote Originally Posted by *Alex*
    noo worries, go to court and let the judge know what going on! good luck!
    I think the county where this was filed was about 300 miles away on the other side of the state. I'm not happy about this. Worst case scenario is I'll call their attorney once I get the papers and explain that I think they have me confused with an old LLC of the same name or an Inc. If that doesn;t work, I'll have to hire an attorney and then counter-sue them for the hassel/.

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    Quote Originally Posted by MAXIMA5
    I think the county where this was filed was about 300 miles away on the other side of the state. I'm not happy about this. Worst case scenario is I'll call their attorney once I get the papers and explain that I think they have me confused with an old LLC of the same name or an Inc. If that doesn;t work, I'll have to hire an attorney and then counter-sue them for the hassel/.
    Yup. Call them first, if it doesn't work, blast their ass with the law.

  12. #12
    RA's Avatar
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    If your starting a business, this wont be the last time.

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    Quote Originally Posted by roidattack
    If your starting a business, this wont be the last time.


    Sad but true.

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    contact the state. and get an attorney.

  15. #15
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    Wait until you get served papers. You don't even know what the complaint is about. All corporation's and LLC's have agents. They have to serve you. I'ts
    most likely a mistake.

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    this title reminds me of a south park episode haha

  17. #17
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    Quote Originally Posted by ~fuelforfire~
    this title reminds me of a south park episode haha
    I thought the same thing after I wrote the thread.

    I could always challenge their attorney to a dance-off.

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