QUESTION
Can someone sue me and my business personally and use my nickname on lawsuit?
Asked on Oct 25th, 2017 on Business Law - Texas
More details to this question:
We received a small claim lawsuit under my company name which is a S Corp. and my husband's name was added individually, however, his first name nickname was used on lawsuit. My husband feels like their lawsuit is not valid because they added his nickname to lawsuit. My concern is that he is one of the owners of the business as well and even though his legal name was not added individually, his legal name was mentioned on lawsuit as the owner. If a default judgement is ruled on case due to no response, can we later on dispute the default judgement because my husbands nick name was added in lawsuit individually.
1 ANSWER
I am not admitted to practice in Texas, and it is possible that the law is different in Texas (but I doubt it), but the fact that a nickmane was used, or the name was misspelled, or some other minor error makes absolutely no difference to anything. Indeed, plainitffs often name "John Does" whan they don't yet have all the information they need about the responsible party. If your husband was served, he better respond; I wouldn't count on the nickname issue allowing him to vacate a default.
Answered on Oct 26th, 2017 at 12:54 PM