Legal Question in Credit and Debt Law in New York

Debt Liability

A former client of the radio station I work for owes a considerable amount of money for past advertising. The man ''Bob'' who signed the contracts and paid for partial amounts of the advertising is nowhere to be found, but his son ''Joe'' is listed as the sole holder of the business certificate according to Broome County. Is ''Joe'' liable for the debt accumulated by ''Bob'' because he is listed as the official business owner?


Asked on 9/07/06, 11:31 am

4 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Re: Debt Liability

yes he is liable. If the business is not a corporation and he is the individual DBA whatever, he is liable. There are a number of problems with your fact pattern that go beyond this service...but if the payments were made by the business and not BOB, the rest of the debt ought to be recoverable from the business owner.

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Answered on 9/07/06, 12:07 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Debt Liability

While your question may seem like an easy one it actually is pretty complex and depends on a lot of factors. Overall, it's really going to depend on what type of business the company is that took the advertising out. I they are a corporation, or any derivative, or are a company whereinwich the signor of the contract was merely acting as an agent for the company - which generally this is the situation - then you will be able to sue the company and/ or the other individual. Feel free to contact my office for further assistance 2127098303

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Answered on 9/07/06, 12:28 pm
Jason Stern Law Offices of Jason Stern

Re: Debt Liability

Find a local lawyer and sue all of them -- the business and the individuals. Let them figure out amongst themselves who is responsible. Best of luck.

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Answered on 9/07/06, 2:09 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Debt Liability

Well......the contract goes with the business. If the business is a sole proprietorship, it should stay with the the father, but then, how could the son run the business?

Under $5,000, sue them all in the local town/village justice court where they are located. Allege breach of contract, account stated, and unpaid services. Let the Court sort it out.

Good Luck

RRG

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Answered on 9/07/06, 4:39 pm


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