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Suing Corp. and an LLC, piercing corp veil, breach of fiduciary duty to unsec credito

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Smallclaims

Junior Member
Small claims procedure - requesting proof from defendant

I work for a corporation in Iowa, suing past customers with unpaid account balances who sold their business or went out of business. One case is in Wisconsin and one in Iowa.
Question: In the small claims trial/hearing, can I request that documents be provided by the defendant to prove their claims? I would specifically like to see their corporate books or accounting records to show what happened to their assets upon dissolution or sale of their business. If they cannot provide that, I would then like to request any other documentation or proof that they were actually a corporation. Can I request this in small claims court, and if so, how?
 
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seniorjudge

Senior Member
http://www.iowabar.org/Public%20Information%20Brochures.nsf/d7ff6dc91c517cdb862567ba00690c91/897d13fb9849b37a86256ee1005070cb!OpenDocument
 

Smallclaims

Junior Member
I have already done extensive research online to try to answer this question before posting on here, and your link to the general small claims procedures in Iowa is something I studied months ago. I have even scoured both the Iowa and Wisconsin code online as well as appellate decisions and procedures for both states. I've gone through the whole small claims process several times now and usually get default judgments. My question is regarding when the defendant actually shows up (and with an attorney) - what are my options in challenging their claims of innocence? I can ask them questions under oath, and they can say basically whatever they want, but can I request proof from them to substantiate their claims? How? They say they kept corporate records, they say they issued stock, they say they elected officers and had a board of directors and held board meetings and did not commingle funds. Do I have to take their word for it, or how can I request proof or documentation of all of this? I have a hearing early next week and I would like to know how to conduct myself properly in making such a request for proof.
Thank you.
 

tranquility

Senior Member
Such is the problems in small claims, the lack of discovery. Some states will allow a subpoena duces tecum but the presentation has to be on the day of court.

Yes, they can just say things. No, you can't demand proof of what they say. (Although a judge will tend to believe a person more if they do have proof.)
 

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