Legal Question in Business Law in Massachusetts

In a small business, I had a judgement against me and my LLC , the business was taken over when the Massachusetts Superior Court judge installed a Keeper to satisfy the judgement. The Sheriff (Keeper) took over my business and ran it with the plaintiff. They paid past due balances for utilities and suppliers but did NOT pay the wages due employees for the 2 week pay period which was in effect when the take over occurred. The business continued operation and still operates. Was the Keeper or the plaintiff responsible for those wages since they ran the business during that period?

Asked on 6/07/16, 11:10 am

1 Answer from Attorneys

The business is still responsible for making the payments for payroll. However, if there is a claim made against you or the LLC for failing to pay the employees timely the Keeper and Plaintiff may be responsible for those claims. If there is a penalty for not paying the withholding taxes timely, they may be responsible as well.

I am surprised that the Keeper did not pay the employees first.

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Answered on 6/07/16, 11:19 am

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