Legal Question in Business Law in Florida

We received a lawsuit for an S Corportation that we owned in Florida but sold. This business was a child care center and the lawsuit is for $15000 for an injury to a then 5 year old. This is now an issue for the new owner of the S corporation and our answer should just provide a copy of the sales contract along with contact info for that party. Is that correct?

Asked on 8/15/18, 4:30 pm

1 Answer from Attorneys

Stephen Verbit Stephen R. Verbit, P.A.

That is not correct. You are in very dangerous territory. You should retain legal counsel immediately or you are likely to find yourself in a world of trouble beyond anything you can imagine. If you are considering filing an answer to the lawsuit on behalf of a corporation, you should be aware that in the Circuit Courts of the State of Florida, corporations cannot file papers for themselves but MUST be represented by counsel. Another question is why were you served with the lawsuit. If the corporation is the only defendant and you were served because the Florida Sec'y of State's records still show you as a registered agent or officer of the corporation, you should give the lawsuit papers to the current owner to deal with - there is no way you should file an answer. Who would you be answering on behalf of? The bottom line is go see a lawyer to make sure you don't end up making a huge mess for yourself.

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Answered on 8/16/18, 7:29 am

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