Suit says company never licensed to operate in Texas

Kelly Holleran May 14, 2012, 7:23am


A company has filed suit against the owner of a corporation that it claims failed to register as a legal business in Texas in an attempt to avoid repayment of nearly $100,000.

Martin Energy Services alleges it provided fuel, lube, oil and related goods to defendant Crystal Seafood in advance of payment. Although Martin timely delivered the goods, Crystal refuses to pay the money it owes to the company, according to the lawsuit filed May 4 in Jefferson County District Court.

"Plaintiff has been damaged by Crystal's wrongful refusal to pay in the amount of $90,822," the suit states.

Not only has Crystal refused to pay for the goods, but it also was never licensed to do business in Texas, the complaint says. Defendant Lot owns Crystal and was using Crystal in an attempt to make additional money, Martin claims.

"It appears that Crystal is nothing but a shell company doing business for Lot, or alternatively as a conduit for Lot," the complaint says. "Lot is now attempting to sell all of Crystal's assets in the state of Texas, through the sale of its real property. Such sale is so intertwined that Crystal's property has become that of Lot, or been actually transferred, in title and possession."

Martin alleges breach of contract, fraudulent transfers, fraud and disregarding of business entity in her lawsuit.

In its complaint, Martin is seeking actual damages, attorneys' fees, pre-judgment interest, costs, statutory awards, exemplary damages and other relief the court deems just.

Martin will be represented by Steven B. Treu of Langley and Banack in San Antonio.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B192-406

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