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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10639
Experience:  30 years of corporate, litigation and international law
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I have a judgment against a corporation. Thsi is not a big

Customer Question

I have a judgment against a corporation. Thsi is not a big corporation, it is oiperated by a husband and wife, he is the CEO and Agent for Service and she is the Secretary/Treasurer. About a month after the judgment was rendered the corporation was suspended by the Secretary of State for non-payment of taxes. They are still operating as the same business, same location, same customers, etc.
Is it possible to get the husband and wife added to the judgment as debtors? If so, how would I go about this? Is there specific statutes covering them taking assets out of the corporation while suspended?
Submitted: 5 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 5 years ago.
bizlaw :

You have to go after the corporation. You cannot just "add" individual shareholders to the judgment. If the corporation does not pay and you can prove that transfers of assets were made without consideration you can pursue the assets as a fraudulent conveyance. The first step is first trying to collect from the corporation.

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