Legal Question in Credit and Debt Law in California
Collecting from the new person 'dba'
There's a contract between business A and business C. Everything goes well. Business A is sold to person B, and everything continues to go well with the contract. Then one day, person B doesn't pay for goods delivered in terms of the contract. Can you sue B on that contract, even though he was new to it and had nothing to do with it when it was originally signed? If so, on what basis?
1 Answer from Attorneys
Re: Collecting from the new person 'dba'
Yes. Sue for the value of goods, equitable estoppel (party B accepted and paid for other goods from party C, presumably pursuant to the terms of the agreement, thereby ratifying the agreement in himself). Also, "B" might be a successor in interest, and might have assumed all liabilities of person A. Check the terms of the deal between A and B.