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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Default Suing a Company That Has Gone Out of Business

    My question involves small claims court in the state of: Colorado
    I worked for a company that turned out to be sheisters. The last pay check I received was a company check from a local bank....could not cash because of lack of funds and then the account closed. Also I made them a small loan, which never got repaid " I have a signed contract". I sent certified demand letters and 1 came back refused.
    The business may not of had any registered owners, but the business account is linked to 2 people I dealt with. Who can I go after? The loan was made for company equipment to their main employee, the contract is on company letterhead. Can I sue two individuals at once? The people on the company bank account? Just the business....which is no longer existent?
    Now I know that collecting the debt will be difficult but who do I go after?
    sidenote, they have done many people wrong.

    Thank You very much for any help!

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Suing a Company That Has Gone Out of Business

    You sue them all jointly and severly.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suing a Company That Has Gone Out of Business

    When you talk about "pay check", you mean you were an employee? If so, at least in terms of the unpaid wages, consider starting here.

    If you're talking about an independent contractor arrangement, that's something you'll need to enforce in court.

    Based on the information you've shared so far, I would probably sue the company and its owners (in their capacity as individuals), jointly and severally. It may not be possible to reach the owners as individuals, depending upon the full facts.

    You've given us no information about the amount of money involved, so I don't know if the amount exceeds what you can claim in small claims court. Note that you appear to be describing two independent causes of action - one for breach of the loan contract and one for the "wages", so you should be able to file separate lawsuits if filing them together would exceed the small claims court's jurisdictional limit.

    You've given us no information that would make any other people liable. There may be information to that effect, but we're in no position to guess.

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