can you dissolve a company to avoid snall claims litigation? Co was dissolved after being served.
Fort Myers, FL
Viewed 292 times.
Posted 9 months ago in Litigation
Flag as objectionable
small claims owes me 1500.00 have a contract which is very clear and he has not mad payments according to our agreement
- Is this your question? Add additional information
Answers (3)Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted 9 months ago.
Flag as objectionable
In most states the obligation to pay a judgment remains even after the company is formally dissolved.
Although the ability to collect funds from a non existent company (depending on what happened to its assets) can be quite difficult. Bryan G. Scott
This attorney is licensed in North Carolina and 1 other state.
Posted 9 months ago.
Flag as objectionable
Was the company incorporated (LLC, Inc.) or a sole proprietorship? If the latter, you might move the court to amend the judgment to name the individual owner of the company. Depending on the practice in your state, you may need to file a new small claims action to obtain a new judgment against the individual or a successor company if they merely changed the name. Most states prohibit companies and individuals from simply moving around assets in an attempt to defaud creditors.
A lawyer in your town could advise you on the best approach. If you do not intend to consult with an attorney (which of course I discourage), you might start by calling the local clerk of court. The assistant clerks can often be very helpful at guiding you through the process in small claims actions and they may have dealt with this situation before. DISCLAIMER: I am not your attorney and this Answer is not legal advice. Rather, the information contained in this Answer should be used for informational purposes only and is not a substitute for seeking qualified legal counsel licensed in your state. Erik Glen Swanson
This attorney is licensed in Illinois.
Posted 9 months ago.
Flag as objectionable
In most states and under most circumstances, the liability may carry over to other entities or individuals, however, it may be difficult and not cost-effective to collect such a small amount.
I am not a Florida attorney, however, many states have a doctrine called "piercing the corporate veil" that can allow corporate liability to attach to the individuals running the company. This may be your best bet to recover, IF the laws of Florida and your specific facts can support it. I would advise you to seek the advice of a local attorney to analyze your specific situation and determine both if you could recover and whether it is worth the time and money to attempt to do so.
Back to Search Results
Next question: How does insurance work Previous question: Social Study vs. Psych Evaluation |