Legal Question in Business Law in Florida

Re: Law Suit

most likely in Florida

Re: Law Suit

They may sue you in MN and then enforce in FL; that is what I would do.

Re: Law Suit

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

First and foremost, unless you signed a personal guarantee or applied for the account in your personal name, you cannot be sued and held liable for the debt of a closed corporation. A corporation is a separate entity under Florida law and the owners are not personally liable for most debts unless they obligate themselves in some fashion.

If you are personally liable, the creditor can choose where to file suit if Minnesota law allows the suit to be filed where the debt is owed. On a small debt, it is often filed in the state where the money is owed and then domesticated in the state where the debtor resides. Alternatively, suit can be filed in the county in which you live.

Scott R. Jay, Esq.