[blooney]

Help! I own a small business and did work for a company. They owe over $10,000 and I don't know my options on how to collect. They are located in Santa Clara County and even though they are liquidating they are starting a new similar company. Please advise!

:(

[AskMeIKnow]

Hi blooney!

When you say debt, are you referring to unpaid salary or debt as a loan from you by the company? This answer presupposes the latter.

When you say liquidation, are you referring to a court supervised liquidation? Because if you do, a trustee may have been appointed by the court to take charge of your debtor's assets for distribution to its creditors, like you. It is to whom you generally must file your claim.

If its court supervised litigation, yet the same company, as you say, is building up another business, we might be looking for a possible fraudulent transfer of money or property. In that case, you must consult with a business lawyer for possible filing of suit.

[Fr_Chuck]

Ok, it will depend on so many issues,
1. what type of liquidation, is it a bankrutpcy ?

2. what type of debt

3. age of the debt

Starting a new business ? How are they owned private owned, corporation, partnership