law-dba-personal-liability-for-debt | personal liability for debt of another company obligations | piercing the
corporate veil alter ego theory | forfeiture of corporate privileges | personal guaranty |
LIABILITY OF SOLE PROPRIETOR DOING BUSINESS AS (dba)
UNDER ASSUMED NAME
We begin by noting that Texas law has long recognized that when, as here, a judgment is rendered
against an individual doing business as an unincorporated association, that judgment is binding on the
individual. See Old Republic Ins. Co. v. EX-IM Servs. Corp., 920 S.W.2d 393, 396 (Tex. App.—Houston
[1st Dist.] 1996, no writ); Holberg & Co. v. Citizens Nat. Assurance Co., 856 S.W.2d 515, 517 (Tex. App.—
Houston [1st Dist.] 1993, no writ); Tex. Rev. Civ. Stat. Ann. art. 6135 (Vernon 1970); Tex. R. Civ. P. 28.
The record here shows that the only objections posed to the jury charge by Long were to the sufficiency of
the evidence to submit the questions. Long did not object to the jury charge on the grounds that it inquired
about him individually, nor did he object to the judgment in the trial court, which is imposed against “Robert
R. Long d/b/a MWT.”
The jury in this case was presented with legally and factually sufficient evidence to establish that Long
was responsible for the MWT debt to United. Direct evidence established that Long was doing business as
MWT. Johnson testified that Long did business as MWT and that Long was responsible for paying the
MWT debt due to United. Watmough stated that Long was “doing business as MWT,” Long “did business
as MWT with United Welding,” and Long alone was responsible for any bills charged to MWT. Watmough
denied that he was responsible for the MWT debt because he did not purchase or use the goods in
question. 01-03-00034-CV
houston opinions