consumer collections from a company.

[David Bach]

hi folks,
I'm trying to decide, sue or not to sue, that is the question. Your answer will help me to decide . It's a long story so we will suppose I have taken the company to small cliams court and won a judgement against them for $ 4620.20 I'm in atlanta, ga (cobb co.) Hear is the main Question: Can I collect from a co. that has been Administratiely dissolved.
The company (Fg&H) installed windows and had to replace them all several months later due to inferior materials. Now the same company, (now renamed JK&M)Has not lived up to a written contract. (they are not "insulated"). I'm pretty sure statue of limitations is 6 yrs. so I'm not worred about that. It's been almost 3 years and 1 payment left on a home secured loan.
I've heard i shouldn't make that last payment also.
Company FG&H and JK&M have the same CEO and he is also the chief financial offer and he also uses his home address for business matters & licences.
So i'll sum it up.....

Q#1 can i collect?
Q#2 should I make that last payment?

I thank you in advance,
David & joyce

 

[loku]

In order to sue the CEO or the successor company, you would have to “ pierce the corporate veil.”

Very generally, you could do that if you proved that he mixed the corporate finances, etc. with his personal ones. Unless he was very sloppy about it, you would have to get the opinion of a corporate law attorney, who has a chance to look at the evidence. Many give free consultations to determine if there are good grounds for a suit.

Here’s a link to a good listing of corporate law attorneys, most of whom will give a free initial consultation: https://attorneypages.com/attorneys/businesslaw.htm

 

[David Bach]

consumer collections

Hey Ioku,
Thanks for your reply.Thank you, Thank you! If you want to see more detail,of my delimma, go to contracts & guarantees(at this time pg.3)Posted under written & signed contracts for Georgia.(Please view that post and then let me ask ya 1 more question. Is there any gov't agency that cares (or does) anything about this kind of out & out fraud?
Thanks Again,
David & Joyce

P.S. I have plenty of documents and also have consulted the local tv station consumer dept. MAYBE they will stick a microphone in this guys face.

 

[loku]

If the Georgia Department of Consumer Affairs does not handle this, then no agency will help. I don’t know how much money is involved in this. I believe the difference between the cost of the kind of glass you got and the cost of the kind you ordered, plus possibly court costs. If the amount is right, you could take all your papers to Small Claims Court. If a greater amount is involved, a suit in a state court would be in order, but first see if you can pierce the corporate veile.