Legal Question in Credit and Debt Law in Illinois

small claims; debt collection

A suit has been filed against me d/b/a ''family name'' rentals. First, I did not order the work done by the creditor, my nephew did. 2nd, the work was not completed (wrong septic tank pumped); 1 1/2 months later I called the creditor back as the tank backed up. They did not return my call; I hired another company who pumped tank and told me had not been recently pumped.

Last year I had notified the creditor who the owner of the rental was, and they were not to do any work without authorization from me or the owners. The owner is a corp that has not been renewed after the death of my brother who was president; the other owners being my father who is 85 years old and disabled and a non family member who has never been involved as he left. My capacity (as I told this creditor back last year) is that I am Power of Attorney for my father. Yet I am being sued personally and d/b/a a nonexistant business.

I went to the hearing and was not allowed to speak at all except to say that I would not allow a judgment against me. It was set for a trial. What can I do to show that I am not the owner; I did not order the service; and the service was not done in any event.

Asked on 8/15/08, 4:59 pm

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law
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Re: small claims; debt collection

When a corporation is dissolved, then a creditor is going to go after the individuals that would have been considered the shareholders of the corporation. I would recommend consulting an attorney about this, because I don't think this is a straightforward case where you definitely will avoid a judgment.

There are a lot of facts that have to be looked at, consulting with a local attorney who can look at all the facts would get you the best answer to your question.

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8/19/08, 12:16 pm

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