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djmudbhary · Dec 11, 2006, 01:35 PM

I need help Please advise,
I was in Wisconsin running a gas station, which I no longer do. A customer is sueing my gas suppliers (who is in actual fault), and my company. I can't even hire a lawyer to defend. I am out of state now and don't have anything in Wisconsin. The plaintiff's lawyer is filing a default judgement motion against my company, which is no longer in service. If the court decides in their favor, will it hurt me? What are the implications? Please advice and I would thank you in advance.
Jay

ScottGem · Dec 11, 2006, 01:38 PM

It depends on how your company was formed. If it was incorporated or a setup as limited liability, then the judgement can only be used against the assets of the company. If the company is defunct and has no assets, there is nothing to worry about. Howevewr, if liability isn't limited, they can come after your assets.

Fr_Chuck · Dec 11, 2006, 01:49 PM

First of course you can hire an attorney and be represented in court, you can go yourself and represent yourself.

So what you are saying is that you don't care enough about losing or winning this case to travel there for court. Or to hire an attorney to represent you.

If you don't show up, yes they can file against you for not showing up, and as Scott said, if you merely were a sole owner or even a partnership that was not set up as a LLC or a corporation ( and even then how they were set up will make differences and also what happened with any property when you went out of business.)

But if you were a sole owner, yes they can come after your personal property, money in the bank and so on.

djmudbhary · Dec 13, 2006, 02:39 PM

Hi Chuck,
The gas station was a lease and I handed over to the other owner. Somebody else is running the plane and I got my money. My company was LLC and I already closed the sellers permit from the Revenue and I closed the business account. Can they still come after me? I left the gas station business and now I am going school in chicago for computers, so I don't really have time to run after these courts. Besides it was totally gas company's fault and they had said they will take care of these before, but now they changed their version and now they are not helping me. I appreciate your answers, at least I can sleep at night. Thanks
Jay

ScottGem · Dec 13, 2006, 06:00 PM

If it was an LLC, that should limit your liability. You need to check the terms of the LLC to make sure.

Fr_Chuck · Dec 13, 2006, 08:14 PM

Yes if it was a LLC you should have some protection, but the real issue is, if you don't go to court and get represented they will win and get all those nasty attachments of checking and garnishments and so on.

Then you will have to end up going back to court with them anyway to get it over turned,

Remember all the court will see and know is what the lender tells them, not your side of the story