Legal Question in Credit and Debt Law in California
Small Claims Judgment & Collection
We obtained a judgment in small a California court against a corporation. Months later the principle dissolve said corporation. How can we collect on the judgement? Can we pierce the corporate shield and go after the CEO/major shareholder/Director who dissolved the corporation?
3 Answers from Attorneys
Re: Small Claims Judgment & Collection
You should have sued the corporation, shareholders and directors. At this point the only way to enforce the judgment against the "CEO/major shareholder/Director" is to seek to amend the judgment to add their names to the judgment. However, if you knew who those people were at the time you sued the corporation, you chances of prevailing are slim.
Re: Small Claims Judgment & Collection
You should have sued the corporation, shareholders and directors. At this point the only way to enforce the judgment against the "CEO/major shareholder/Director" is to seek to amend the judgment to add their names to the judgment. However, if you knew who those people were at the time you sued the corporation, your chances of prevailing are slim.
Re: Small Claims Judgment & Collection
I'm not entirely sure I agree with Attorney Hoffman. Yes, if you were going to assert a "piercing the corporate veil" theory, I believe you would have had to do that during the pendency of the litigation. That being said, if the corporation was formally dissolved with the Secretary of State, I believe someone or some other entity has to assume liability for any outstanding debts of the dissolved corporation. I don't have the specific cite to a legal resource for that, just seem to recall it from a case long ago. You will want to consult with a litigator in your area, and/or a business law attorney to review this more thoroughly.
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