Legal Question in Business Law in Florida

Non Operating Corporation

I have a company that I used to use that is still active. Now a disgruntal client wants to sue the old company and get a judgement against it.

I was told I would have to hire an attorney because a Corporation cannot represent intself in court.

If I send the paper work in to Admin. dissolve the corp which the state says I could do and it takes less than a week, can they and thier attorney still get a judgement against my old corporation?

It is more a matter of pride than money as the old corporation has no assets and no bank account or anything.

Thanks


Asked on 9/04/03, 11:09 pm

4 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Non Operating Corporation

If the claim is against the corporate entity which has no assets, why be concerned. If you spend money, it would be ill spent. Uncollectable is uncollectable.

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Answered on 9/05/03, 2:57 am
Darren Inverso Norton, Hammersley, Lopez & Skokos, P.A.

Re: Non Operating Corporation

In a typical situation any judgment against the corporation would be useless to them. However, if the Plaintitff is aggressive they could obtain a judgment and then pursue an action in aid of execution whereby they could attempt to implead you. This is only sucessful if they can prove that you operated the business in a such a way that payments or profits were paid directly to you instead of to the company or that you opened a new corporation that does the same business and only abandoned the old to avoid creditors or judgments.

Any questions, please give me a call 941-954-4691 or email me.

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Answered on 9/05/03, 7:33 am
David Slater David P. Slater, Esq.

Re: Non Operating Corporation

Yes, a dissolved corporation can be sued.

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Answered on 9/05/03, 8:18 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Non Operating Corporation

NOTE: This communication is not intended to be legal advice. Instead, it is intended solely as a general statement regarding legal principles. You should not rely on or take any action based on this communication without first presenting all relevant details to a competent attorney in your jurisdiction, receiving such attorney's individualized advice for you, and establishing an attorney-client relationship. By reading this "Response" to your question or comment, you agree that the opinion expressed herein and/or the information contained in this response is not intended to, nor does it, create any attorney-client relationship with the law firm of Gonzalez & Associates, P.A. or any of its attorneys, nor does it constitute legal advice to any person or entity reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree with the foregoing, then you are instructed to stop here, and do not read any further.

Unless there's a way the plaintiff could pierce through the corporation to get to you personally, spending time and money to avoid a judgment against an assetless entity is ill-advised. If the plaintiff's claim is valid, the plaintiff can and will ultimately obtain a judgment, but if the judgment is uncollectible, who cares. Let plaintiff waste his/her time, and you spend your time doing something worthwhile. Pride can get expensive. Be practical.

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Answered on 9/05/03, 9:07 am


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