I am being sued in Virginia General District Court by a Corporation whose business license was terminated in 1/06. There are two contracts in question and they are both for after school care at a Tae Kwon Do School. One, for my oldest son, was signed on 8/25/05, and it does not include the name of the owner/registered agent/officer(s) nor was it signed by them. The second,for my youngest, was signed on 1/2/07 and once again did not include the owners/registered agent/officer name(s) in the contract nor was it signed by them. This business was also providing an after school program, which under Virginia State guidelines, should have had a day care license but did not. As part of those guidelines, they we required to keep an daily attendance report of all children who were present. They did not and cannot prove that my children even attended, and if so, what days.

Consequently, after discovering all this information and the fact that my children were being abused, we removed them. Now, the "Owner," who is not registered with the Virginia State Corporation Commission and the Corporations license is still terminated, is suing us claiming there is a past debt.

1. - Is a contract with a Corporation that does not exist still valid?
2. - Once that Corporation's license is terminated does the contract still remain in effect?
3. - Can the "Owner" sue on behalf of the Corporation even though they are not a registered officer or agent?
4. - Are there grounds for fraud because they were offering a day care service that was not licensed with the State even though they met all the guidelines and did not qualify for any of the excemptions?

Sorry this is so wordy... but I wanted to include all the information so any advice would have all the evidence.

PLEASE HELP!! THIS MAN PHYSICALLY Assaulted MY CHILDREN AND NOW HE IS TRYING TO GET REVENGE FOR US NOTIFYING THE AUTHORITIES.

Hello cm:

I don't have the answers to your questions, because I'd have to examine the particular documents in question, and I'd have to research your state law... It sounds like you've got him, though...

Fortunately, you're going to be able to present your questions to the only authority that counts in this matter - and that's THE judge in your small claims case. Assuming what you say is the way it is, I think you'll win.

Please let us know.

excon

PS> (edited) I just noticed that you were sued in "General District Court", but you asked under the small claims heading. Hopefully it IS your small claims court.

Is this small claims court? I would assume that amounts involved would place it there. In small claims court they are generally less formal.

I'm assuming you have police reports detailing your complaints of abuse. If you do, I would play up that aspect and play down the legal issues of his right to sue on behalf of the company and the fact that the contracts are unsigned.

I am being sued in Virginia General District Court by a Corporation whose business license was terminated in 1/06. There are two contracts in question and they are both for after school care at a Tae Kwon Do School. One, for my oldest son, was signed on 8/25/05, and it does not include the name of the owner/registered agent/officer(s) nor was it signed by them. The second,for my youngest, was signed on 1/2/07 and once again did not include the owners/registered agent/officer name(s) in the contract nor was it signed by them. This business was also providing an after school program, which under Virginia State guidelines, should have had a day care license but did not. As part of those guidelines, they we required to keep an daily attendance report of all children who were present. They did not and cannot prove that my children even attended, and if so, what days.

Consequently, after discovering all this information and the fact that my children were being abused, we removed them. Now, the "Owner," who is not registered with the Virginia State Corporation Commision and the Corporations license is still terminated, is suing us claiming there is a past debt.

1. - Is a contract with a Corporation that does not exist still valid?
2. - Once that Corporation's license is terminated does the contract still remain in effect?
3. - Can the "Owner" sue on behalf of the Corporation even though they are not a registered officer or agent?
4. - Are there grounds for fraud because they were offering a day care service that was not licensed with the State even though they met all the the guidelines and did not qualify for any of the excemptions?

Sorry this is so wordy ... but I wanted to include all the information so any advice would have all the evidence.

PLEASE HELP!!!! THIS MAN PHYSICALLY ASSUALTED MY CHILDREN AND NOW HE IS TRYING TO GET REVENGE FOR US NOTIFYING THE AUTHORITIES.


Cutting right to the chase - if the corp is required by law to have a license to provide child care but provided the care without a license the corp cannot prevail in Court.

The Courts will not "enforce" an illegal contract - and it appears the contract was illegal.

The same goes in the other direction - you cannot sue to enforce an illegal contract and I think the question will be when did you find out about the illegalities.

Other advice, I agree.

Do you not have an attorney involved with the abuse issue? Can he / she not advise you how to handle this? Is this man being prosecuted for the abuse?