Do I need to appear at a judgment debtor examination on behalf of my company?

Bankruptcy 5 views 6 answers
A judgment was awarded to the plaintiff against my company. Now I have been noticed to appear at a debtor examination at the court but I've learned that the plaintiff is a dissolved entity. Do I still have to appear? I do not understand how the dissolved company can enforce a judgment, who would collect any judgment since it is dissolved? The original claim was for a breach of contract occurring years ago when the company was active.

Attorney Answers

6
Bruce Bain ·
You would best be served to get a lawyer.
0 upvotes
Dorothy Bunce ·
It is likely that the judgment was transferred to another entity, since it is unlikely that a dissolved entity would be continuing to act. What you don't know can hurt you. Hope this perspective helps!
0 upvotes
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Not sure about California, but in our state the judge can have you placed in jail for refusal to comply with the court order requiring the judgment debtor examination. If you attend, you are not required to answer questions about your financial situation, with one possible exception. If the question is about assets that were transferred from the company to you within the California Fraudulent Transfer statute, you may be required to answer questions about what happened to that asset and where the funds are if it was sold by you. There may be other issues in California of which I am not aware. As was said earlier, you should talk with a lawyer that handles debt collection matters for the debtor. Most attorneys will provide you with a free initial consultation.
0 upvotes
Edna Straus ·
The time to assert the defense that the corporation was suspended was before judgment,
0 upvotes
Richard Lysle ·
If the court's Order to Appear names you, and orders that you appear in court, you should appear. If you do not appear, a bench warrant can be issued for your arrest. When law enforcement enforces an arrest warrant and puts handcuffs on you, it will probably be at a very inconvenient time. Whether the plaintiff can enforce a judgment is a different issue. It is possible that the judgment was assigned or transferred to another person or entity.
0 upvotes

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