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Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 101731
Experience:  Counselor at Law.
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I live in Alabama. I was a 50% stockholder in a corporation.

Customer Question

I live in Alabama. I was a 50% stockholder in a corporation. I guaranteed an account with a Florida corporation. The Fl corp got a judgment against me 10 years ago. The lawyer for them has placed a lien on a building that I own a part of, recently. The Fl corp became inactive 5 years ago. Can the lawyer continue with the inactive corp as plaintiff. Can I ask the court to dismiss the judgment? How about the attorney fees?
Submitted: 1 year ago.
Category: Business Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

The lien and judgment survive even if the corporation behind it has been dissolved. However, what one can do is challenge the lien and judgment on some technicality. If the corporation is dissolved, and has no receiver/agent appointed, then they (via that attorney or any other attorney) may not even show up to the challenge.

If so, then one wins on technicality, by default. So the fact that they have been dissolved does not void the judgment and lien, however, this may be used to an advantage to try to challenge the judgment and lien and if they are dissolved, they may simply not reply. (There may be some complications about serving a dissolved entity - one may have to serve the last known address, last known agent, or the state in their stead.)

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