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Can we sue to determine ownership of a corporation?

Hollywood, FL |

A person stole a lot of money from us. He formed a Florida LLC to help him launder the stolen money. He was convicted of embezzlement in a foreign country and also in that foreign country adjudged liable to pay us money. We domesticated that judgment to Florida. Can we now ask the Florida court that domesticated our foreign judgment to determine that we actually owned this Florida LLC? I want to ask the Florida court to do this in proceedings supplementary. We believe that we were the true owners of this LLC, because our money was the only money was the only capital ever contributed to it. There are no known records of who was a member of this LLC.

Attorney Answers 5


  1. Yes you can. You should have a consultation with an attorney to go over the details.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC


  2. As Mr. Johnson advised, you must consult with competent local counsel; trying to do this yourself could result in endless headaches and result in you losing the case. Along those lines, from your description it sounds as if you've already been represented in this matter; if so, I would strongly suggest that you discuss the matter with the attorney(s) you've been represented by so far; the advice you would receive would be much, much more reliable than anything you get for free online from people whom you've never met and whom you haven't retained to represent you.

    My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dwatchley@newyorktaxcounsel or visit my website at www.newyorktaxcounsel.com


  3. Yes you can sue to determine ownership of the LLC as a means of enforcing the judgment.

    No attorney-client relationship implied or accepted without a signed fee agreement. This response is theoretical only and for purposes of discussion. Attorney is not liable for any opinion expressed herein. The hiring of a lawyer is an important decision that should not be based solely upon any single source of information, including advertising on any Web sites or answers to questions posed on Avvo.com. You may ask us to send you additional information about us, and we urge you to review other sources of information about our primary practice areas.


  4. Ok. There are a couple of issues here:

    (1) If you have a money judgment, then you should proceed with discovery in aid of execution and execution (i.e. actually getting your money).

    (2) In terms of the LLC, this is a situation where it may be appropriate to seek appointment of a receiver. A receiver could step in, take over the company, determine what happened to your capital, pay out monies owed, etc.

    These are matters that you should discuss with your lawyer. If you do not have a lawyer in south Florida, you need to retain one. Please feel free to call my office if you need assistance with collecting the judgment or seeking appointment of a receiver. If I cannot assist you, I would be happy to refer you to someone who can.

    Best,

    Jonathan Pollard
    954-332-2395
    www.pollardllc.com

    My response to this question is a response to a hypothetical situation based on limited facts. I am not your attorney; you are not my client and we do not have an attorney-client relationship. If you need a lawyer, you should contact one in your area. If you would like to talk with me about your case, you can call my office.


  5. Yes you can. However, be sure that you want to. If the LLC has liabilities to other entities because of anything having to do with the embezzlement issue that came up with the other owner, then you would succeed to these liabilities and "possibly" be on the hook for these liabilities.

    Speak to an attorney in person.

    DISCLAIMER: This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am only admitted in New York and New Jersey. Visit my site for more information: www.lawcrt.com.

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