I was sold a Mendacious Collection Portfolio by a company that was administratively dissolved in New York in October of 2011. The portfolio was misrepresented and the charge off dates were changed to make the portfolio look more attractive. When we discovered that we were duped we requested our money back. Of course the seller refused. Would it be pragmatic to file a theft by deception charge against the individual and the company. He has a Georgia registered company but the contract was initiated in the name of the dissolved New York Company Response: If the company in New York that he conducted the transaction under has been administratively dissolved, meaning that he has not paid the required annual fee to renew the company's registration, you cannot file lawsuit against the company. You cannot file lawsuit against his Georgia registered company if the company is not an affiliate of the one that was dissolved in New York. As for suing him in his individual capacity, you can try, but you would likely face a motion to dismiss on the ground that you are suing the wrong party. However, you may be able to prevail if you can show that he fraudulently used his dissolved company in New York to conduct the transaction and thus the corporate veil should be pierced and he be held personally liable.
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