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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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how do I go about trying to sue a business that did not pay

Customer Question

how do I go about trying to sue a business that did not pay me my wages after the work was done? The registered agent for the business has filed bankruptcy for himself (not the business) he owes me $4,100.00 in wages and $171.00 in court fees. I am an independent contractor. The officers keep saying that the warrant in debt cant be served. I know for a fact that he is still at the same car lot and the names have changed. He admitted at the bankruptcy hearing that he owns the property and is charging $8,500.00 per mth for rent. Please help me.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.
You will need to file an adversay proceeding in the bankruptcy. That is a lawsuit in bankruptcy court. You would allege in your suit that he is still at the same lot and has changed the names.
Customer: replied 7 years ago.


My problem is that the warrants are not being served and I cant get him into court. I just called the state commission and the registered agent and the name of the business has changed. How can I find this man and have him served. The business I want to sue is still registered at the state commissions office with the persons name on it.

Expert:  Ellen replied 7 years ago.
Since he is in bankruptcy, you cannot take any action against him outside of the bankruptcy court. However, the bankruptcy rules may permit service of process by regular mail to his bankruptcy attorney. You will need to retain local bankruptcy counsel to pursue the debt.
Customer: replied 7 years ago.


So, I can't persue the business even though he filed bankruptcy for himself and not the business? I will have to get an attorney to sue the business or get in touch with his bankruptcy lawyer? I have all of that information from when I went to the bankruptcy hearing for the debtors. I just need to know if I am understanding what you are saying.

Expert:  Ellen replied 7 years ago.

You can pursue the business if the business did not file and he does not own the business. You cannot pursue him personally outside of bankruptcy court.
Customer: replied 7 years ago.


I know that I can sue the business and not him.... The question is ... how do I go about having him served so he can come to court? The addresses that I have are not good ones (thats what the sheriff is saying) He is still doing business out of that shop, he owns the property that the car lot is on and recieving income per month. I just need to have him served and I am running out of options. Everytime I take off I loose money.

Expert:  Ellen replied 7 years ago.
You will want to retain a bankruptcy lawyer to file an adversary as I explained above. If this is not clear, please restate your question.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
ok thank you