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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9085
Experience:  Since 1983
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Facts 1.I am a judgment Creditor. Judgment in hand. 2.I

Resolved Question:

Facts
1.I am a judgment Creditor. Judgment in hand.
2.I am a roofing subcontractor.
3.I sued a General Contractor and won in trial. (judgment against company only)
4.At the asset hearing I conducted, I learned that the General Contractor did not hold money in trust for me as required by OK statute.
5.It is a criminal offense for the General Contractor to not hold these funds in trust as required by very specific circumstances.
6.I learned of the offense from documents I obtained in the Asset Hearing.
7.After filing a bank account garnishment, I learned the General has no money.
8.I don't think (?) I can sue again for breach of trust/defalcation because of res judicata, although under OK law it is the person who becomes the trustee in this case and not the company.
9.I cannot threaten to go to the police if he doesn't pay because that would be blackmail.
10. There is no cash in his account and the company owns no real property.
11.He has no jobs currently that I can garnish payment from.
Question
What is my best avenue to collect from him? He clearly broke the law... Restitution? Writ of Mandamus against he corporation and then contempt if he doesn't? What makes the best since?
Submitted: 6 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 6 years ago.
Is the general contractor licensed and bonded?
Customer: replied 6 years ago.
No. The state of OK doe snot require either for residential jobs.
Expert:  N Cal Attorney replied 6 years ago.
Does the company own any real estate?
Customer: replied 6 years ago.
The company owns no real estate, it owns 1 truck.
Expert:  N Cal Attorney replied 6 years ago.
Have you done a judgment debtor examination yet?
Customer: replied 6 years ago.
Yes. It is from this debtor exam that I learned that the owner siphoned off all of the company assets for his own personal use/exploitation. So right now I have a Judgement against a worthless company, while the owner took money from my trsut account.
Expert:  N Cal Attorney replied 6 years ago.
Is the judgment against a corporation?
Customer: replied 6 years ago.
yes...it is a corporation...with one owner
Expert:  N Cal Attorney replied 6 years ago.
It sounds like you have to file a motion to amend the judgment so it names the owner as an individual. This is called piercing the corporate veil, and it is allowed if you can prove that the owner is using the corporation improperly as a front to shield assets, which is what he is apparently doing.
N Cal Attorney and 5 other Business Law Specialists are ready to help you
Customer: replied 6 years ago.
This is exactly what I tried to do. But the judge wouldnt even schedule the hearing. So, I accept your answer. Thank you. I suppose its off to the see the Appeals clerk.
Expert:  N Cal Attorney replied 6 years ago.
Thank you for accepting my answer.
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