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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 27244
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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im involved in civil lawsuit im the plaintiff. i have judgement

Resolved Question:

im involved in civil lawsuit
im the plaintiff. i have judgement against defendent. the defendent is corporation
defendent wrote checks to me and it bounced. can i go after the checkmaker who wrote
the bad check. the bad check maker is alson the ceo of corporation. can i put on checkmakers propert
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Article 3 of the Uniform Commercial Code says that a party with authority to sign a corporate check no longer has to indicate his or her representative capacity on the check. This means that the person signing the check in a representative capacity is NOT personally liable for the NSF check.
Customer:

in the lawsuit i named both corp and ceo

Roger : The ceo likely isn't personally liable for the corporation's act. However, the corporation can be sued.
Customer:

i sued the corp corp doesnt have any money to cover the judgement

Customer:

there is only one employ at corp and the ceo is that empoyee

Roger : The only way that it's likely to pursue the ceo/shareholder would be to pierce the corporate veil, which means that you could show that the ceo committed a crime -- such as writing a hot check. In this case, you'd have to be able to prove that the ceo knew the check was bad and wrote it anyway.
Roger : Obviously, this could be a difficult proposition as it would be hard to prove what the ceo actually knew.
Customer:

the ceo opened the account and only person on the account so he must have known that his corp doesnt have any money

Customer:

and the ceo showed up at the court and made agreement to pay the judgement

Roger : You'll have to be able to prove this is the case with evidence; you can't assume anything as a court will not accept that as proof.
Customer:

what proof do i need?

Customer:

since i named both ceo and corp shouldnt both be responsiable

Roger : You can name them both, but that doesn't mean that they're both responsible.
Customer:

then who is reponsiable?

Roger : The business would likely be responsible, but not the agent acting on behalf of the company.
Customer:

in the motion to compel answers to post judgement interragories i put bothe corp and ceo name but i only got corp info

Customer:

can i get ceos info?

Roger : However, the facts of the case will determine that, and I'm certainly in no position to give an opinion about how the case would turn out given that I have no idea of any real facts. In general, a corporation is responsible for its acts, and an individual officer/shareholder of the company isn't liable unless the corporate veil is pierced - - which requires proof that the officer acted illegally, frauduently, etc.
Roger : As for the post-judgment interrogatories, if the Corp is the only defendant, that's all the information you'd be entitled to.
Roger : You can't request information from the ceo IF the ceo isn't a party defendant.
Customer:

ok do you know any thing about qdro i know this different subject

Roger : Since your judgment is only against the corp, your only relief is against the corp and its property. You can't use the judgment to go after the individual.
Customer:

ok thx can i chat with you about different subject?

Roger : Technically, a new question is supposed to be opened under the terms of service. However, if it's a quick one, I'll be glad to help. Also, if you don't mind rating our conversation positively, that would be great as well. The question won't close and we can continue. It just assures that I'm credited for assisting you.
Customer:

its about qdro how long does bank takes to deposit into my account/

Roger : As soon as the bank receives the money, the deposit should occur withn 3 days. However, there's no hard line rule about this that I'm aware of.
Roger, Attorney
Category: Legal
Satisfied Customers: 27244
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
Litigation Attorney
5885 Satisfied Customers
BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters