Legal Question in Credit and Debt Law in California

Can you suit an entity that has not existed for over 5 years


Asked on 12/29/12, 8:24 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

Generally, no. You would need to sue the successors to the entity who received the entity's assets upon its dissolution.

One question is whether the owners of the former entity actually have liability. This is not an easy question to answer. Much depends on exactly how the entity went out of existence. In addition, you likely have important statute of limitations issues that will bar your claim, assuming that your claim is also at least five years old.

I strongly suggest speaking to a lawyer about your chances of success as to any such claim. It may be that an hour invested now with qualified counsel will save you hours and hours of chasing defendants with no chance of success.

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Answered on 12/30/12, 12:27 am


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