Legal Question in Business Law in California

I'm looking for where I might read to support my issue. This is a business/public corporation/contract issue. I had a 1 year completed satisfactorily services contract with a small public company a couple of years ago. About 6 months after the completion of this contract, as I patiently wait for payment, a small private company "merges" with the public company taking over the public company, changing its name and sumbol, putting in new management. They also engaged me for a short contract and have now taken care of that one. BUT they have now decided that they are not responsible for my debt which was on the books before they came in. Business Law 101 taught me that assets and liabilites that are valid are still part of the company going forward. Trying to avoid legal action bu pointing out the obvious to them ASAP as I have few assets and live on SS. One last item...their first Q Financial filing posted on OTC Markets shows my debt in detail. I also have read the merger agreement and they have my contract...neither offer any reason to me that the debt is not valid and they are responsible.

Can anyone help with some direction please. Thx.

Gary

[email protected]

714-369-22933


Asked on 4/02/13, 10:47 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

You may have to sue them.

You should write a demand letter, stating the facts and the law as you understand them, and request payment in full. The letter should say at the end that you will consider taking any and all lawful actions if payment is not received.

You can also sue in small claims court if the amount due is less than $10,000. If the amount is close to $10,000, you can "waive" the balance and sue for just the $10,000.

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Answered on 4/02/13, 11:43 pm


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