How do i collect from a business that's out of business?

Cashed chk w/o authorization on paid 500$ on a 2500$ chk. Rarick's Trading still owes me 2000$. - Is this your question? Add additional information
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Answers (2)

Michael Lee Mau

Michael Lee Mau

Contributor Level 5
Small Claims Court would probably be the quickest and most cost efficient route to try and collect a debt of this size, but if they are truly out of business, then there is obviously no guarantee you will ultimately be able to recover.

Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for educational and informational purposes only and should not be utilized without our express written permission. Our practice is generally limited to administrative, state and federal courts in the State of California, United States of America. No attorney-client relationship is express or implied by any aspect of this response. Please consult with your attorney for specific advice.
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Jan Matthew Tamanini

Jan Matthew Tamanini

Contributor Level 5
Before you spend time and money filing in small claims court or otherwise attempting to collect, you need to determine the business form of your debtor. If Rarick's Trading is a fictitious name for a sole priorietorship or partnership, you may be able to sue the individual(s) who owned the business. If the business was a limited liability company or corporation that has been dissolved, you could potentially have an action for fraud against the former shareholders or members if in dissolving the business they made any misrepresentations of the financial situation.

I did a quick online search at the LA Department of State's corporations database and found a Rarick's Trading Company LLC -- IF this is the company in your question, although you say the company is out of business, it hasn't yet been officially dissolved with the Secretary of State. Here's a link to the information:
http://www.sos.louisiana.gov/tabid/819/Default.aspx

You should be able to use this information to file in small claims court. Good luck!

Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.
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