Officer Liability in a Debt Collection Case

When considering strategies to most effectively be able to collect money on a debt owed to your company, an analysis of the corporate structure is vital. The State Department of Corporations give valuable information on how the corporate debtor is structured. Many times in a debt collection case, our collection attorneys find that the debtor’s corporation has been administratively dissolved. That does not necessarily mean the debtor company is still not operating. In that case our collection law firm is able to bring your company’s debt collection lawsuit against the officers of the company in an individual capacity. Our collection lawyer would draft the caption of the debt collection lawsuit …John Johns t/a (trading as) Bob’s Debtor Company.

Our collection law firm believes that keeping pressure on the officers of an entity is a very effective tool in getting your debt collection matter resolved. Most companies set up a corporate structure to shield the officers from personal liability. However, if the company is sloppy and does not keep up its corporate charter, individual liability for the debt may be imposed by the Courts.

Miami Dade Court House

Miami Dade County Court House

Our collection law firm’s collection attorneys also look for evidence that a corporate debtor may have been severely under-capitalized. Our debt collection law firm has brought suit against officers of a company for not having adequate working capital. The theory being that the officers knew or should have known that the debtor entity did not have the financial capability to pay for the goods or services.

If you would like to discuss your company’s debt collection and or debt recovery strategies with our debt collection attorney, feel free to call our debt collection law firm. We would be happy to devise a debt collection and recovery strategy that is custom tailored to your company’s debt collection needs. EMAIL US TODAY