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lwpat, Attorney
Category: Business Law
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Experience:  Attorney with over 35 years of business experience.
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i am a contractor in nyc, had liability insurance & corporation

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i am a contractor in nyc, had liability insurance & corporation is more than 3 years old. i did 90% of the job and they refused to pay for the extra work so i canceled the contract and walked away from the job. then they refused to let me pickup my tools. i said the hell with if they want to steal let them. in the contract i stated i can cancel at any time. now they are suing me personally and suing the corporation in small claims for the maximum for breach of contract. i did except 2 of 5 checks in my personal name. they did file a claim against the insurance with was denied based on the fact that whatever damages were existing on the premises was done by the previous contractor. (who they also tricked and he ran and they sued him ) they are making alot of bogus claims the stucco on the house was not done right etc.. and they claim to have experts affidavits. i am going to counter sue. do you think the corporate veil will be peirced? if they win against the corporation, can i then close it or file for bankruptcy? will they be able to come after me for the corporations judgment if i close it down?
Submitted: 4 years ago.
Category: Business Law
Expert:  lwpat replied 4 years ago.

In a civil case you cannot use a public attorney, you either have to go it alone or hire your own. You would need to file an answer to avoid a default. File two separate answeres, one personally asking for a diamissal due to it being a corporation and the other from the corporation and counterclaim for the extra work, your tools and that nonpayment excuses the breach. For the damages your defense is that it was not you but the previous contractor. You need to get the court file on that case, it is public information. Here is information on how to answer to use as a guide

 

 

http://www.kinseylaw.com/attyserv/civil/answers/answer.html

Customer: replied 4 years ago.
if they win against the corporation, can i then close it or file for bankruptcy? will they be able to come after me personally for the corporations judgment if i close it down afterwards?
Expert:  lwpat replied 4 years ago.
If they dismiss you personally they cannot come after you later and you can declare bankruptcy in the corporation to discharge the judgment.
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25384
Experience: Attorney with over 35 years of business experience.
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