Legal Question in Consumer Law in Wisconsin

Warranty Claim Against Corporation Which Went Out of Business

Even if the company is out of business, a judgment creditor is entitled to subpoena corporate management to a supplementary proceeding. There, you could ask any questions you wished about their finances and subpoena bank records, etc. If you discover assets, you may be able to garnishee or seize them. Another possibility is to pursue the successor corporation which took over the business of the original one. In some circumstances, the new business entity can be liable. If all of this is too complex for you, you should retain an experience collection attorney. There is never any guarantee, however, of success in any collection case and you therefore could end up throwing good money after bad. Consumers should therefore protect themselves by thoroughly researching the stability of any company upon whose warranty they may need to depend prior to making their purchase. If the company is in bankruptcy, consumer warranties are entitled to high priority in the "food chain" when the debtor's assets are carved up and distributed by the court. Although one consumer may find it too expensive to pursue such a claim, class actions representing all similarly situated consumers can sometimes enjoy limited success. These online comments are not intended as legal advice; nor do they create any attorney-client relationship between us. Good luck!