Legal Question in Business Law in California

Re: preventing/holding up sale of business which owes money to customers

No. Not without a judgment against it. File your lawsuit if you're entitled, as the filing would would then be public record and taken into account in the sale. Feel free to contact me if you need legal help.

Re: preventing/holding up sale of business which owes money to customers

I'll give you a different answer. If you have a legitimate basis for sueing the company now, you could go ahead and file and serve your suit, then immediately seek a provisional (pre-judgment) remedy called a writ of attachment.

For obvious reasons, courts are very wary about granting pre-judgment writs of attachment. The paperwork is raher significant, the law is intricate and many lawyers don't understand it well, and you will be required, if successful in getting the writ, to post a bond sufficient to cover any losses the attachment may cause the defendant in the event it prevails when the matter is tried or otherwise settled.

It probably isn't worth the effort unless you are owed at least $25,000 and you have good credit so you can get the bond. You'll also need good facts including something showing that the defendant is a poor risk, might hide assets if sued, or the like.

Re: preventing/holding up sale of business which owes money to customers

You best option is to file a breach of contract in anticapory breach. Call me directly at 16192223504.

Re: preventing/holding up sale of business which owes money to customers

The type of lien you need first requires you to file a lawsuit and get a judgment. One you get a judgment, there are many things you can do to get paid and put a lien on the assets of the business.