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Can someone with legal knowledge please look over this exchange with my attorney and I, and let me know who is right in this? This is relating to a company that is filing a 100,000+ lawsuit against my business just because they can contractually, though the company has zero dollars in the account. ME- From what I have researched it seems the best strategy would be to get a default judgement and then file a corporate bankruptcy to discharge the debts and dissolve the company? ATTORNEY- I disagree. A default judgment would immediately allow the plaintiff to file a motion with the court to add you personally as a judgment debtor. That would be he worst of all possible circumstances. ME- Right but I signed as an officer of the company and nowhere in the contract betweenX and X does it mention my name nor say I personally guaranteed?
What is the best advice you have in terms of what my steps should be. Do I file an answer or do I let them make a default judgement?
Ok. So if I were to submit an answer that would buy a lot more time to then file a bankruptcy. My biggest concern is ME being liable somehow. What is best information you can give me on not being liable.
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