QUESTION

If co. goes out of business, can owner then be sued personally even though transactions were all with business only?

Asked on Jul 06th, 2015 on Business Law - New Jersey
More details to this question:
Someone wants to sue a company that is now out business. The issue is from 2013 and the business was dissolved in early 2015 and the lawsuit was filed in mid 2015. In the lawsuit he named both the company and the owner personally but can the owner be liable personally if all business dealings were strictly with the business? If not, how does one answer the complaint to the court?
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
That depends.  Was the business a separate legal entity, such as a corporation or lllc?  If so, the owner would not be personally liable for its obligations, with some limited exceptions.  If the business entity cannot meet its obligations, an obligee may try to make the individual owners liable by attempting to "pierce the corporate veil", i.e. the obligee will argue that the corporate form should be ignored because the corporate owners either ignored the corporate form themselves (for example, commingling corporate and individual finances, using the corporation to pay individual owner's debts, etc.) or used the corporate form to defraud.  Assuming that none of those exceptions apply, you would make a motion to dismiss the claim against the individuals on the basis that the obligations belong only to the business entity.
Answered on Jul 06th, 2015 at 12:26 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters