Legal Question in Civil Litigation in New York

Execution on property

I won a judgement against a company.The company was sold after the owner had nothing left but the company.Can I go after my judgement with the new owner?This was a taxi company and the phone number was the business.That is what was sold to the new owner for the clientelle.The name and number remain the same just the address and owner have changed.I was wondering if the lien on the company is tranferred to the new owner?


Asked on 11/11/08, 8:48 pm

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Execution on property

Depends on whether or not their was a dissolution. Was the judgment covered by a commercial policy?

There are special lawyers that can help you out (I am not one of them). If the amount of $ is right, they can help you out. You should go and seek a collections lawyer and see what they can do to aide you. It will cost you some $, but it is money well spent.

-Jason Kessler

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Answered on 11/11/08, 9:09 pm
Stephen Starr Starr & Starr, PLLC

Re: Execution on property

The law permits a judgment obtained against one business entity (such as corporation, LLC, etc.) to be enforced against another person or business entity in certain circumstances. Depending upon the specifics of the situation there are various legal theories that courts will apply to hold one person or entity responsible for the liabilities of another. Most pertinent to the situation where owners of one business shuts it down and open a new business doing essentially the same thing are the legal doctrines of successor liability, piercing the corporate veil and fraudulent transfer, among others.

Application of these theories is very fact specific and depends upon the specific circumstances of the matter (and supporting evidence that can be mustered to support such claims).

In addition, the size of the judgment will determine whether or not it makes economic sense to pursue.

Our firm -- Starr & Starr, PLLC -- handles contingency based commercial collections (business to business) and also claims of individuals against businesses.

Please feel free to contact me at 8888678165 for a no-obligation initial consultation. You can learn more about our firm and collections matters at our website at www.starrandstarr.com

The foregoing is intended as general information of interest to readers of this website and is not intended as legal advice for your situation. Facts and circumstances not disclosed in your brief posting may materially affect your rights. You should consult with an attorney.

Best regards,

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Answered on 11/14/08, 9:38 am


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