The whole thing sounds rather odd. There are two aspects of contract cases that need to be proved...liability and damages. When you sue both a corporation and an individual it is usually a matter of alternate liabilities. Either the corporation or the individual but usually not both. Although I have run into cases where the facts of the case (usually in default cases where the defendant fails to appear or to plead a defense) in which joint and several liability was the result.
Once liability is proved you have won the case. It is then a matter of proving damages to establish how much you get. If you fail in your burden of proof of damages you get nominal damages of $1.00. I have never heard of a case being dismissed for no assets after a judgment has been entered. In Connecticut a judgment in the Superior Court is enforceable for 20 years unless discharged in a bankruptcy.
I recently arbitrated a case in which I won $38,000.00. The company appears to be out of business, but the judgment is still enforceable in the event that it should become solvent again. I filed a judgment lien on the defendant LLC in the hope that it may impact the credit rating of the members in the future.
to post a reply:
login - or -
register