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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 36970
Experience:  Run my own successful business/contract law practice.
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I have a judgement against a cabinet business, but the business

Customer Question

I have a judgement against a cabinet business, but the business owner/president changed the business name all together. Business is in same location and still does exact same job/serve. Can I go after him, the owner/president or new business name? How does this work with a writ of garnishment as well?
Submitted: 4 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 4 years ago.
Yes, you can. You can argue that the old/new business is the same business entity, and can go after them under "piercing the corporate veil" theory of business organization liability. In essence you are arguing that each is really the same entity, and both are alter egos of the owner. If successful, you pierce their veeil of limited liability and can attach and attack assets of the owner directly.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
How do I go about doing this?
Expert:  Dimitry K., Esq. replied 4 years ago.
The best way is to retain a business attorney who has experience in litigation work. He would have to formally bring suit against both the old and new businesses jointly and severally, and argue that for you to get the proper result, the corporate veil must be pierced. I have never heard of a non-attorney successfully using this theory in small claims for example--this is a relatively sophisticated approach that has to be very carefully crafted since many courts are hesitant about granting this ruling and only do so when evidence is presented specifically to them.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 36970
Experience: Run my own successful business/contract law practice.
Dimitry K., Esq. and 6 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
??????? ???????
Expert:  Dimitry K., Esq. replied 4 years ago.
I am sorry, do you need me to explain something further? (I see the question marks and I am wondering if you need more help).

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