Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Good morning. I can understand your frustration. Simply refile the last claim which was under the company name. You'll be fine from there...you'll get your judgment. Once you get that judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court and answer questions under oath about his assets. After you obtain that information you have the power to garnish wages, attach bank accounts, and/or have the sheriff seize other personal property to satisfy the debt.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.
If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
I am so depressed and have spent about 300 hrs assembling emails, bank checks etc as evidence (55 pages) and trying to research the law. I did hire a local business attorney and he has charged me almost $6,000 to date (and I have paid him!) to fight about 4 motions and objections to squach, throw out, etc. My attorney dosnt want to go to court and I am forced to do this on my own. He has agreed to have one more meeting with him but has a deposition scheduled for the day of my new trial and wont be available. But I know I will probably never get to tell my story, not get my witnesses to show up again, and be screwed by the courts. So I have started the search for another attorney. I expect it will cost me about $3,000 to have an attorney show up. The value of the case is 3,300 to 5,000. What are the courts good for? What id small claims good for?
I would have been better off mentally and financially to have beaten this guy 3 years ago and spent 6 months in jail. At least it would be over now and I would be out of jail.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).