Collecting against sole proprietor in civil lawsuit
This question pertains to civil litigation but also to corporate law and collection procedures.
I have civil litigation pending against a business owner who was, until recently, operating as a sole proprietor. Through a search on my state's corporations database, I found out that he recently incorporated as a domestic profit corp. under the same name.
I'm almost positive that he did this as a direct result of my suit, since he had been operating as an SP for many years prior. My case has a very high likelihood of winning on the elements, with high damages to boot (class action), and the defendant is aware of this. As secretary of his new corporation he's included the name of a seasoned IP rights lawyer. The case is now in discovery but he wouldn't survive summary judgment.
The above makes me suspect that he's trying to shield or hide his assets in anticipation of a large judgment against him. I also know that he is a relatively new homeowner [2008].
What methods of inquiry or civil process should I be pursuing to find out more about this situation and to ensure that I'll be able to collect from him in the not-too-distant future?
Surely, he can't simply transfer his personal assets as a sole proprietor (under which capacity I'm suing him) to his new corp. and then claim personal bankruptcy when the judgment comes?
What's my recourse ?
Last edited by Litigation642; 02-21-2010 at 06:41 AM.
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