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Roger, Attorney
Category: Business Law
Satisfied Customers: 30899
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a dissolved corporation that is now being sued. The

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I have a dissolved corporation that is now being sued. The company had no assets or property of any kind. One creditor is now suing the company. What are the possible out comes. Should I answer the complaint as the agent of record? Florida
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question.

If your company is dissolved, has no assets or property, then the creditor obtaining a judgment against the company would likely be of little consequence - - because the debt would be virtually uncollectible.

You do need to make sure that you didn't sign a personal guarantee that would make you personally liable for the debt (if you or someone else did sign a personal guarantee, then those individuals would have been sued as well).

If you're not personally liable and if the company has no assets, then it's not going to be a huge thing for the company to be sued or for a judgment to be obtained.

Also, ONLY an attorney can file an answer to the complaint filed because a non-attorney CANNOT file an answer for the company - - as that would be considered unlawfully practicing law. Thus, you could not file an answer; a lawyer would have to do this.

But, before ignoring the complaint and allowing a default from being obtained against you, you should consult with an attorney in your area to review the corporate documents and the complaint to make sure that there's no individual exposure.
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Customer: replied 3 years ago.

Thank you for your answer. I am on the verge of personal bankruptcy so have no money for an attorney. Thank you once again.


I'm sorry for your troubles, and I wish you the best in resolving this issue.

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