Legal Question in Credit and Debt Law in California

Small Claims Judgment & Collection

We obtained a judgment in small a California court against a corporation. Months later the principle dissolve said corporation. How can we collect on the judgement? Can we pierce the corporate shield and go after the CEO/major shareholder/Director who dissolved the corporation?


Asked on 6/26/09, 3:41 pm

3 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Small Claims Judgment & Collection

You should have sued the corporation, shareholders and directors. At this point the only way to enforce the judgment against the "CEO/major shareholder/Director" is to seek to amend the judgment to add their names to the judgment. However, if you knew who those people were at the time you sued the corporation, you chances of prevailing are slim.

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Answered on 6/26/09, 3:57 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Small Claims Judgment & Collection

You should have sued the corporation, shareholders and directors. At this point the only way to enforce the judgment against the "CEO/major shareholder/Director" is to seek to amend the judgment to add their names to the judgment. However, if you knew who those people were at the time you sued the corporation, your chances of prevailing are slim.

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Answered on 6/26/09, 3:58 pm
David Gibbs The Gibbs Law Firm, APC

Re: Small Claims Judgment & Collection

I'm not entirely sure I agree with Attorney Hoffman. Yes, if you were going to assert a "piercing the corporate veil" theory, I believe you would have had to do that during the pendency of the litigation. That being said, if the corporation was formally dissolved with the Secretary of State, I believe someone or some other entity has to assume liability for any outstanding debts of the dissolved corporation. I don't have the specific cite to a legal resource for that, just seem to recall it from a case long ago. You will want to consult with a litigator in your area, and/or a business law attorney to review this more thoroughly.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/26/09, 4:23 pm


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