QUESTION

What type of attorney do I need if I discovered that the owner’s LLC is has been suspended by the Franchise Tax Board?

Asked on Apr 08th, 2016 on Landlord and Tenant Law - California
More details to this question:
I've lived in a mobile home park for the past 3 years, in a home I purchased outright from an individual and before listing it for sale recently. He cannot legally contract with a new tenant, I am essentially stuck with a $20,000 investment sitting on a criminal’s (he is not paying taxes) property. Usually, there is no money suing a suspended corporation but I happen to know exactly what bank he deposits $75,000-$100,000 a month in. My background in judgment recovery tells me I will be able to recoup my investment with a judgment. From what I understand, a suspended Corp is a sitting duck liability wise. I would assume a judgment against it would be a sure thing as it is prevented from defending itself in court as it is essentially a defunct business.
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1 ANSWER

You probably need a local real estate attorney. Not paying your taxes does not make you a criminal, although the taxing authority could later bring criminal charges. If you sound too aggressive or arrogant, an attorney might not want to handle your case because they would envision having future problems in getting you to do what they tell you to do.
Answered on May 16th, 2016 at 5:40 PM

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