Can we sue to determine ownership of a corporation?

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.

Hollywood, FL -

Attorney Answers (5)

Mohammad Ahmed Faruqui

Mohammad Ahmed Faruqui

Aviation Lawyer - Fort Lauderdale, FL
Answered

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... more
Jonathan Edgar Pollard

Jonathan Edgar Pollard

Antitrust / Trade Attorney - Fort Lauderdale, FL
Answered

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... more
Dana Whitney Atchley

Dana Whitney Atchley

Corporate / Incorporation Lawyer - New York, NY
Answered

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... more
Matthew Erik Johnson

Matthew Erik Johnson

Business Attorney - Seattle, WA
Answered

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... more
Roman Tabatchouk

Roman Tabatchouk

Business Attorney - Parsippany, NJ
Answered

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... more

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