Name of State: MA
Individual/Entity transacted with: NY
Hello,
I just found this website from a Google search. I'm writing because I am in need of some help.
I have a company in Massachusetts that sold goods to a customer in Long Island on credit. The items sold on credit were not personally backed by him. Normally in the past this customer was good about paying invoices but suddenly stopped when he wrote a check from his personal account that bounced.
Ever since then he has been unresponsive to communications - by email, fax, registered letter, phone, etc. He even did not respond to letters sent by collections agencies or lawyers threatening to sue.
After some time had passed, and realizing that he wouldn't ever pay, we decided to go ahead with a lawsuit against his organization. He is the principal owner of that organization and directed all the ordering.
The suit was initially filed in Massachusetts, where we won a default judgment. The case was then moved to Long Island (in order to be domesticated) and we also won that on a default judgment, since no one showed up to defend.
About a month later my lawyer told me that their lawyer had filed a Motion to Vacate Judgment, which was granted. It was granted because, apparently, when the Sheriff served the papers, he gave them to a person who is not authorized to receive the papers.
The judge saw that we sought relief and kept the case active, despite throwing out the judgment.
The issue is that now, as I have learned, the organization was dissolved this past week and the person in question has left the state to work elsewhere (but in the same industry).
My lawyer has advised me to "wait until the dust settles" for now, since that organization might sprout up in a different form elsewhere on Long Island.
Note that the individual in question does not live in NY any longer (but is trying to sell his house currently).
I called the DA, the Attorney General, and the Police Precinct to see if there was anything that they could do to help us but it sounded like we are now out of luck.
He did this to at least two other companies in my industry and as a group we are out about $15K.
What I wonder is if I can bring criminal charges against him? Can I put a lien on his house?
The invoices clearly state payment terms and the property is obviously still my company's since it hasn't been paid for.
Not to mention that much of the goods ordered were resold by him to other Long Island organizations. So he took our goods and profited from them by charging a markup to those customers....
So I consider those goods stolen.
Does anyone have any advice on what steps I can take here? I'm at wit's end and I can't believe he might escape his responsibility due to the Sheriff's error. Mostly, I don't want others in my industry to have to suffer as my business has.
I would appreciate any input.
bandofgypsies

