Originally posted by Burnadell
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Owed money question
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You can't expect to ask an attorney (as several have suggested) for advice without providing her with details. Attorney fees would probably exceed the amount of the claim.
Details do matter. If the company that owes you the money is bankrupt, then you should file a claim with the bankruptcy court. Without a name, how does one determine if they are in bankruptcy? Is it a corporation? LLC? Sole Proprietor? Partnership? If a general partnership, you may be able to file a claim against the general partners individually. How does one find out who they are? By the name of the debtor.
As I said earlier, I would file a claim in JP Court (small claims court). You most likely will get a judgment. Then I would attach the debtors bank account. Of course I would need to know where that is. I would know that by the previous checks that they paid me with. Also, I would file a Writ of Attachment in the county deed records if they own real estate. If they do, I would eventually get paid with interest
Originally posted by HUNTIN HARD View PostI have a customer that I do side work for, and they recently got bought out. I talked to new company and they said they are only buying equipment not debt. No one is responding to me at original company. It’s right at 1500$ Anyone have any clue what to do?
Incidentally, I am not an attorney, nor am I offering legal advice.
Edit: I added some more info above regarding filing a lien in the county.Last edited by Burnadell; 05-12-2021, 10:16 PM.
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Originally posted by Burnadell View PostYou can't expect to ask an attorney (as several have suggested) for advice without providing her with details. Attorney fees would probably exceed the amount of the claim.
Details do matter. If the company that owes you the money is bankrupt, then you should file a claim with the bankruptcy court. Without a name, how does one determine if they are in bankruptcy? Is it a corporation? LLC? Sole Proprietor? Partnership? If a general partnership, you may be able to file a claim against the general partners individually. How does one find out who they are? By the name of the debtor.
As I said earlier, I would file a claim in JP Court (small claims court). You most likely will get a judgment. Then I would attach the debtors bank account. Of course I would need to know where that is. I would know that by the previous checks that they paid me with. Also, I would file a Writ of Attachment in the county deed records if they own real estate. If they do, I would eventually get paid with interest
You asked if we have a clue. I do, but not without more information. Good luck on collecting your debt.
Incidentally, I am not an attorney, nor am I offering legal advice.
Edit: I added some more info above regarding filing a lien in the county.
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Originally posted by HUNTIN HARD View PostThank you and everyone else for all the information. Not trying to be difficult just never been in this boat before. They were communicating with me and now nothing. Trying to answer the best I can
Was trying to help you get out of that boat and help you collect your money.....as you asked.
Forget it.
Good luck.
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Unless it’s 10k or more it’s useless to get a lawyer. They take half and usually settle for less so you get nothing. If it was a LLC your out of luck getting it from the old owners if they won’t pay voluntarily. Also if the new company is setup under a different tax ID they don’t have to pay a cent of the old debt as they are not associated with the old company. If it’s past 90days you can’t file a lien even if they are. Small claims court is probably your best option if there’s even a company of person to file on.
I worked for a company one time that went under and just closed the doors and walked off which is different then bankrupt and to this day old vendors call me wanting to know when I’m going to make payment snd that was 5 years ago. For whatever reason they don’t understand I only worked there and had nothing to do with the financials. It’s amazing what people that have been in business for years don’t know.Last edited by sharkhunter; 05-12-2021, 11:17 PM.
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Originally posted by HUNTIN HARD View PostYour correct never had intention contacting a lawyer not really worth it. I guess my main question was I didn’t know you could purchase a company and not take on the debt. No they are not bankrupt. Yes they are a corporation.
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Originally posted by Burnadell View PostWas trying to help you get out of that boat and help you collect your money.....as you asked.
Forget it.
Good luck.
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Originally posted by HUNTIN HARD View PostI know your trying to help that’s why I was thanking you. Confused why your saying forget it?? I was just saying I’ve never been owed money this way and trying to answer your question best I can. Again thank you
I was a banker for 24 years. I know how to collect money. I guarantee if they owed me $1500, I could collect it.
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