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  1. #1
    Join Date
    Mar 2008
    Posts
    1,995

    Default What To Do With This Bill?

    Had a business I sold last Feb 2007. Trying to figure out what to do with one last bill. For purpose of discussion, the company I had is called ABC, LLC, and predecessor companies at the location was called ABC1 Corp, ABC2 Co. etc., going back several. The long and short of it is:

    - Several years ago, when I took over, tried to get a utlility bill transferred to the name of my company, ABC, LLC, from ABC5 Company, from 20 or more years, 5 companies ago. The utility company never made the change, and we just continued with them as the ABC5 Co.

    - New owners took over last Feb 2007, and continued as ABC5 Co for a while, and managed to have it changed to XYZ Inc., their own name a few months later.

    - XYZ Inc. had a dispute with the final bill, under ABC5, didn't pay it.

    - Whenever XYZ Inc. gets anything that is not XYZ, they would tell whomever, talk to the prior owner, here's his number, my home number.

    - The utility company finally had it, and sent it in for collections, and up till last August, I explained the situation. I got tired of it after August, and I refused to deal with it anymore.

    - Asked my attorney, and he tells me if the utility company files suit against the ABC5 company, I'm under no obligation to answer.

    - I've been getting calls from the utility, their collection agency, and lately a law firm, and I just did not answer the phone. I got a device hooked up to my phone called "interceptorid" that blocks all these calls.

    - My company is closed, no assets, bank account will be closed shortly.

    My questions are:

    - Is my attorney correct in counselling not to do anything till I receive a summons for ABC, LLC (my compnay), not ABC5 company, which no longer exists??

    - I could see a sneaky attorney changing the payer from ABC5 company to ABC, LLC, even though ABC, LLC never had an account with them, but with no assets and bank accounts, what can they do anyway??

    - Clarify the situation?? Right now, I don't have the energy to step into the dispute between XYZ, Inc. and the utlilty?? Did no good when I tried. I'm enjoying retirement.

    - I could refer all calls to my attorney that started a file. But I figure why run up legal bills unnecessarily??

    Finally:

    - Did my attorney counsel me correctly not to do anything, talk to anyone till I get a summons for ABC, LLC.

    - My further thought is, even if they get a default judgement against ABC, LLC, what can they do with no assets and bank accounts??

    I guess the simple question is "what is the risk if I just sat back and did nothing"?? The bill is about $800.00. If I had an attorney on it, the legal bills would probably exceed $800.00.

    Said something to my lawyer about paying the bill to be done with it with my own money, and his answer was "why do all of this to form a company, limit your liability, and then go pay a bill that's not even yours". Guess he has a point.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: What To Do With This Bill?

    Why are you second-guessing your attorney?

    You're paying him to look out for your best interests. If you're convinced he isn't, fire him and get a new one.

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