Legal Question in Credit and Debt Law in California
Small Claims Filing
Can I file a small claims suit against a business who owes us money but has since gone out of business? We still have a contact number for the former owner who has now started another company. Should we file one against the old co., new co., or the owner personally? Thank you so much for your help!
1 Answer from Attorneys
Re: Small Claims Filing
You have an interesting question. The answer is, as most answers attorneys give, "it depends".
It depends upon who owes you the money, the owner or the company. If the company is a corporation and that corporation is no longer in business, then the likely answer is that you are out of luck.
If, on the other hand, the business is a sole proprietorship or general partnership then you CAN sue the owner.
You may want to consult with an attorney on this. I can do a brief consult that would likely be cost-effective for you either via telephone or email.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
