Yes, in instances of fraud or if it is proven that the officers made negligent misrepresentations of fact, the officers of a corporation can be held personally liable for the debt of a corporation. A good example would be when the debtor corporation places an order for $1,000.00 of goods and or services but, in reality the corporation, at the time, only had the financial ability to pay for $150.00 . When subsequently trying to collect money due, a creditor should revisit the representations made by the debtor’s agents or employees pertaining to the credit transaction.
If a creditor is anyway mislead as to the debtor’s creditworthiness, or it can be shown that the officers of the debtor corporation knew or should have known the debtor could not afford the goods or services (equitable insolvency), a creditor may be able to impose personal liability on the officers.Please feel free to contact our collection law firm and speak to our collection attorney about the specific facts surrounding your debt collection case. You can email your supporting documents to our collection firm. Our Florida collection attorney will review your account and then contact you to devise a collection strategy for your company.
Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487