Dissolved Inc awards contracted work?

[INguy]

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

So I worked for a company as an independent contractor. He stiffed me cash and we went to claims. The judge informed me the contract was actually for his INC not a sole prop. All along I have been getting checks from a sole prop... it never really crossed my mind when I reviewed the contract (don't I feel dumb for missing that). The judge inquired when the Inc was dissolved. The defendant told him sometime in between the period I was working with him. The judge pushed back the trial so we could get the proper docs.

I looked it up online and Indiana's page told me they dissolved in 2010 and has not been in effect since. I even received a 1099 tax form from the INC. Clearly this guy is confused about the status of his company.

Collecting money aside, isn't this fraudulent in some way shape or form? I mean he is sending in taxes for a company that does exist? I might be wrong on this but his inc should get hit with its own taxation? How is everyone in the gov missing this?

Most importantly how can I tack his nuts to the wall for hiring me with a dissolved company and not paying me?

 

[NIV]

Collecting money aside, isn't this fraudulent in some way shape or form? I mean he is sending in taxes for a company that does exist? I might be wrong on this but his inc should get hit with its own taxation? How is everyone in the gov missing this?

Most importantly how can I tack his nuts to the wall for hiring me with a dissolved company and not paying me?

The status of a company is for the owner's protection. Not for the protection of those who work for them or other creditors. The fact the company is not properly approved does not hurt you in the least. Even a valid corporation can cheat people out of money.

Your issue is not getting paid. The status of the corporation being problematical can only help that. The problem is, the amount of work to learn how to join the corporation and then pierce the veil is more than your claim is worth. If you want to get paid, you might consult with an attorney. Because of the probable amount, hiring one to represent you is not going to happen. You might spend some money for an hour or two of a litigator's time to see the next step.

 

[FlyingRon]

The other issue is what your relationship was rather than what the entity was. If the business goes into bankrupty, employees have higher claims than stiffed contractors.
What sort of business was this? You may be able to lien the property you worked on if we're talking about some sorts of work.

 

[INguy]

This was question was aimed more at whistle blowing.

I would hate for other people to fall into the same pit I have. That and it wouldn't hurt my case to keep him occupied with other matters.

Is it or is it not illegal to hire or contract people with a company that doesn't even exist?

 

[NIV]

Is it or is it not illegal to hire or contract people with a company that doesn't even exist?

It is not per se "illegal".