How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Attorney
Category: Business Law
Satisfied Customers: 102504
Experience:  Counselor at Law.
Type Your Business Law Question Here...
Ely is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Business Law
Expert:  Ely replied 2 years 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.)

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.