I've been summond as an individual defendant.?
Okay, here's the situation, I worked for a company that went out of business 10/06, since then new owners bought the company (the assests only) and renamed it something similar to the old company that went out of business. Now i'm hearing the company that went out of business had past due invoices in thousands of dollars that has not been paid. Now a company has served me some papers as an individual defendant to apprear in court. I was the purchasing manager for the company that went belly up and served only as an agent for buying / contracting services for the company. Can the companies that my old company owes money to go after me for payment of past due accounts? Why am I being served papers and named as an individual defendant?
Answers:
I don't know enough about the law to help you but I can tell that this is definitely a situation that calls for a really good attorney.
Better get a lawyer. ASAP
I would talk with an attorney, but if you were just an employee they can't hold you responsible for the monies owed.
If the company was a corporation, you should have nothing to worry about. If it was a partnership and you weren't a partner (As it sounds), you should have nothing to worry about. Obviously you weren't the owner of a sole proprietorship, so that doesn't come into play.
HOWEVER...if there was evidence while going through the records that you acted outside of your authority in making the purchases, and the company didn't know what you were doing, then you may have something to worry about. I agree with the first answerer. Get a lawyer.
If you were hired an employee they cannot sue you for being liable for owing company assets , if you were in a partnership in any manner, then yes.
Take your W-2 or tax return to court.
find a good lawyer now, you dont need to be involved in anything to go away for a few years
This is a classic. You are not responsible for the old Company debts. You worked on behalf of the company which has its own legal identity.
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