I used to own a C Corp but sold it. After the sale, I was a minority shareholder but not an officer or director and had no financial control. The people who bought the company purchased over $100k of equipment on a line of credit (not guaranteed by me) and didn't pay. The creditor filed suit, won a judgement and tried to collect with no answer from the C Corp. I was just served a Subpoena Duces Tecum as an officer and/or director of the company, but I'm not. I've been ordered to appear with records of the company but have none. I can't really afford an attorney, but how do I answer? I'm assuming with a lack of personal jurisdiction (based on research) but that looks complex to do myself. Or should I just call the creditor's attorney? Thoughts? Thanks so much!!!!
Perhaps you could write to the plaintiff's attorney and explain what you've just said. No that probably wouldn't work. I guess you do need to hire an attorney to accompany you to the hearing. Then explain that you have no records and you are no longer a director or officer.
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You should have in your possession some papers that document the sale of the company and the sale of your shares. There should also be a letter of resignation as an officer, as well as, minutes of the shareholder meeting and/or a corporate resolution showing who the new officers are. I would forward copies of these documents to the attorney who issued the subpoena, if there is time, or just appear on the date and time specified and bring that documentation with you.
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You should reach out to the attorney for the creditor and explain the facts to him and be willing to provide the paperwork to him in return for him withdrawing the subpoena.
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