Legal Question in Credit and Debt Law in California

I am trying to collect a debt of over 6K, but he says that the corp is desolved, and opens a new corp doing the same type of business. He is still responsible, right?

Asked on 7/29/13, 4:11 pm

2 Answers from Attorneys

Joel Selik

You would need to go into court and get an amendment to the judgment to name the new corporation and individual as a mere continuation or other basis.

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Answered on 7/29/13, 4:40 pm
Charles Perry Law Offices of Charles R. Perry

There is a doctrine in the law regarding successor liability. If the new corporation is identical to the old, then the doctrine should apply to make the new corporation liable for the debt.

If you already have a judgment, then you need to have it amended to name the new corporation. This is done by way of motion. If you have not sued yet, then you will name the new corporation as a defendant in your complaint.

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Answered on 7/29/13, 11:59 pm

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