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Claim for non-payment...expired Inc. business

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mitchelt

Member
What is the name of your state (only U.S. law)? Colorado

We have a business in Colorado, we sold equipment to XYZ Inc. in Utah and they refused to pay and it looks like they are now out of business.

We just noticed that in the Utah Gov. Web Site that their business status is : Expired as of 07/20/2012. We sold them the items after this date, can we sue them personally seeing that they mis-represented themselves as an "Inc." business?

Thanks.
 


tranquility

Senior Member
While an intentional misrepresentation is a potential claim, how were you hurt by the fact they were expired? You are still going to have to sue the corp and try to pierce to the officers. You need an attorney. How much was the contract? Who signed it? How did he sign?
 

mitchelt

Member
While an intentional misrepresentation is a potential claim, how were you hurt by the fact they were expired? You are still going to have to sue the corp and try to pierce to the officers. You need an attorney. How much was the contract? Who signed it? How did he sign?
It was for just under $10,000 which is the max small claims.

I guess I'm not saying that not knowing they were expired hurt me, I am just looking for something that would allow me to go after them personally.

It was not a signed contract, it was an email from the owner authorizing the purchase and there PO Number. They already re-sold the product to their customer and I assume we cannot go after them?

Hiring an out of state attorney would probably end up costing as much as they owe us.

We were hoping to take this to small claims and serve all of the people involved.

In the end...just trying to get some of the money back, as a 1/3 of the loss comes out of the commisioned salesman pocket who made the sale.
 
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