Legal Question in Credit and Debt Law in Missouri

Order to appear at Show Cause Hearing

My wife was listed as a corporate officer of a small business we incorporated. We closed the business due to lack of cash flow. One of our creditors filed suit and received a judgement for the outstanding balance. Since we have not paid anything (we don't have the money), the creditor's attorney has asked for a ''show cause'' hearing to have my wife testify what assets the corporation has (they think we have hidden assets but we do not) to satisfy the judgement. She is scared to death to go to court. Can I simply contact their attorney and explain our financial situation? We have nothing to hide.

Thanks!


Asked on 4/27/06, 11:35 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Order to appear at Show Cause Hearing

You should probably contact an attorney and ask for assistance at the hearing. There are procedural rules that may benefit you, but if you don't know the rules, the judge won't (and can't) help you.

If you were scrupulous in keeping your personal financial records, and there has been no commingling of personal and corporate funds (e.g., separate bank accounts, etc.), then the truth will ultimately set you free. But without counsel to protect you in that hearing, it's awfully easy to get confused. I would suggest retaining counsel. It would be a couple of hundred dollars well spent.

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Answered on 4/28/06, 9:44 am


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