Legal Question in Business Law in New Jersey

business

Is it legal for a company who owes money to their commissioned sales reps and other vendors to close their doors and say they can't pay and reopen in two weeks under another name and sell the same products?Company is in NJ, but reps are all over the USA


Asked on 8/14/08, 12:50 pm

6 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: business

Sounds like a scam to me. Did you call the police?

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Answered on 8/14/08, 12:53 pm
Robert Davies The Davies Law Firm, P.A.

Re: business

No.

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Answered on 8/14/08, 1:06 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: business

You say the company is based in NJ, but are you doing business with them in Michigan? I ask because your question indicates a MI zip code.

I agree with the others that this is not right. It sounds fraudulent. If it can be proven that they transferred assets, etc from the old company to the new one for the purpose of avoiding payment of debts, then you can probably enforce what you are owed against the new company, but it depends on the facts.

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Answered on 8/14/08, 1:36 pm
Walter LeVine Walter D. LeVine, Esq.

Re: business

In one word - "NO!". However, if you can prove your allegations, you and all others would probably have to sue the new entity in NJ, which could be costly, not only for the filing, legal fees and discovery costs, but one or more of you would have to come to NJ for hearings and trial. Is the amount you lost worth the possible expense?

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Answered on 8/14/08, 2:27 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: business

What they did is likely not legal - sounds like they did this to avoid debts and other obligations, which is wrong. If they conduct business in Michigan, such as by employing or contracting with people, then you can most likely sue them in Michigan.

If there is a lot of money owed - enough to justify a lawsuit - please contact me. Perhaps a demand letter from a lawyer will be enough, but maybe not.

Thanks.

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Answered on 8/16/08, 11:19 pm
Michael Berman Law Offices of Michael A. Berman

Re: business

I just sued a company under similar circumstances. This appears to be a fradulent diversion of assets.

Mike Berman

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Answered on 8/14/08, 3:59 pm


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