QUESTION

Can a Civil Judgement Collection be sold to another party by a company that is out of business?

Asked on Nov 10th, 2014 on Civil Litigation - Georgia
More details to this question:
My former business partners were granted a judgement against me in 2007 and then they sold the business in 2008. I have now been contacted by an attorney that represents a company that purchased the judgement in 2011 and now wants to settle or collect. How can my former business partners sell a judgement for a company that they no longer owned? Do I have any recourse to fight this?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Was it your former partners or the business which obtained the judgment? If your partners individually, it has nothing to do with the sale of the business. If it was the business, did your former partners sell the business itself (i.e. if the business was xyz, inc., did they sell all the stock of xyz, inc.?) or the assets of the business (i.e. instead of selling the stock of xyz, inc., xyz sold its equipment, customer lists, lease, accounts receivable, etc.?)  If the stock was sold, the business entity still owns the judgment (unless it has since sold it) even though the business entity itself (xyz, inc.) is owned by other people. If it was an asset sale, was the judgment one of the assets sold?  If so, the new owners own the judgment (unless they have since sold it.)  If not, the old business entity (xyz, inc.) still owns the judgment (unless it has since sold it) and your former partners still own xyz, inc. Bottom line is that judgments are assignable and, while you should check to make sure that the person or entity now claiming to own the judgment really does own it, it is entirely possible that the judgment was validly sold.
Answered on Nov 11th, 2014 at 1:28 PM

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