Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] TitleSearch USA - Barbara Bennett/IN (15 replies)
3/21/2005 3:20:51 PM (2296 views)

[+] NETROnline - Amanda Fuller/TX (2 replies)
3/21/2005 11:46:08 AM (2644 views)

[+] got a Maryland question... - Loretta Reed/MD (8 replies)
3/20/2005 11:35:29 PM (2175 views)

[+] Has anyone mentioned this counterargument regarding online records? - James Guill/VA (12 replies)
3/20/2005 7:29:34 PM (2301 views)

Just when you thought religion could not be funny... - Jay Duncan/MO
3/20/2005 4:56:01 PM (1736 views)




[+] Gas Prices - Ron Gindin/PA (9 replies)
3/20/2005 4:33:29 PM (2221 views)

[+] partial searches? - Julie Jasiunas/WI (7 replies)
3/19/2005 10:57:43 AM (2268 views)

Need info on certain company . . . - Michaela Urban/OH
3/18/2005 9:39:04 PM (1767 views)

[+] Ad writing - Judy Nisonger/CA (7 replies)
3/18/2005 12:59:01 PM (2904 views)

[+] ChoicePoint, Bank of America Follow-up - Jarrod Clabaugh/OH (1 reply)
3/17/2005 11:37:57 AM (2886 views)

[+] You are not going to believe this one! - Judy Nisonger/CA (8 replies)
3/16/2005 12:12:41 PM (2613 views)

[-] ANYONE KNOW WHERE THESE COMPANIES ARE???? - SARAH CIRAOLO/NY (15 replies)
3/16/2005 9:43:13 AM (2580 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Jay Duncan
3/16/2005 9:48:51 AM (3398 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - SARAH CIRAOLO/NY
3/16/2005 6:57:14 PM (3132 views)
WELL WELL WELL .... PPA - Lisa Ramsey/TX
3/16/2005 10:01:11 PM (3346 views)
Re: WELL WELL WELL .... PPA - Glenda Hodge/TN
3/17/2005 1:29:55 AM (3250 views)
Re: WELL WELL WELL .... PPA - Lisa Ramsey/TX
3/17/2005 10:19:41 AM (3313 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Barbara Bennett/IN
3/17/2005 2:41:30 PM (3356 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Peggy Jacobson/ID
3/17/2005 6:14:59 PM (3311 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - SARAH CIRAOLO/NY
3/18/2005 11:15:10 AM (3223 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Judy Nisonger/CA
3/19/2005 12:19:04 PM (3202 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Barbara Bennett/IN
3/19/2005 1:16:43 PM (3246 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Kevin Ahern/CT
3/19/2005 2:10:59 PM (3202 views)

Barbara,

You first should determine if they have filed for bankruptcy or closed their doors. If they have filed a petition for bankruptcy, all you can do is file a proof of claim with the bankruptcy court. As an unsecured creditor you will probably wind up with pennies on the dollar if you are lucky, and in most cases you will not get anything regardless of whether it is a reorganization or a liquidation...shades of the Bridgespan problem last year. If you try to sue them after they filed for bankruptcy, you may find yourself in contempt of the court's order for an automatic stay of proceedings.

In the future you may want to run a D & B on a new client before extending large amounts of credit to them. If they indicate that they would like more credit monthly, and you are not comfortable with the D & B results, you could ask them for security for the line of credit. You would have a financing agreement and a financing statement drafted, signed and properly recorded. This would make you a secured creditor in the event of a future bankruptcy.

If you were performing your services for corporations or LLC's and they have closed their doors, you can sue these business entitites. However, there will probably be little if anything left to satisfy the judgment if you win.This becomes harder to collect with the passage of time. You would very possibly spend more trying to collect than you would collect if you won the case.

There are other alternatives if the corporate officer/manager or the LLC's manager failed to observe the corporate/LLC formalities when they signed the contract. If someone has signed the agreement without disclosing the identity of the corporation or LLC or the representative capacity in which he signed (i.e. President,Secretary, Vice-president, Managing Member), he becomes personally liable to you for the work you did.

I just won a suit last month involving a contract in which the defendant failed to identify his LLC or his position as a managing member. He just signed his name, part of the LLC's name, and indicated that he was the owner.He now has to pay my client the judgment against which he thought the LLC protected him. His personal assets and home are subject to satisfaction of my client's claim. For reasons like this, I normally advise my clients to have a rubber stamp made up to disclose this information when entering a contract. In order to retain the protection of the corporate/LLC shield you need to both be properly filed and in good standing with the state. It also is criticle to make certain that you are disclosing both the complete identity of the company and that you are signing in your representative capacity when entering a contract.

There is also another alternative if someone co signed the contract in his personal capacity or as a guarantor he also becomes personally liable to you. However, this is a long shot unless you requested him to do so up front.

to post a reply: login - or - register


Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - george Hubka/MI
3/21/2005 8:28:40 AM (3213 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Kevin Ahern/CT
3/21/2005 12:15:23 PM (3214 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Barbara Bennett/IN
3/21/2005 3:03:59 PM (3151 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Lisa Ramsey/TX
3/21/2005 6:04:11 PM (3205 views)

[+] EXCUSE ME PLEASE - SOMETHING IS WRONG WITH THIS PICTURE! - Lisa Ramsey/TX (6 replies)
3/15/2005 10:05:56 PM (2448 views)

[+] Absolute Prop. Services Info ?? - george Hubka (10 replies)
3/15/2005 7:25:26 PM (2516 views)

[+] May I Suggest....?...? - Robb Grandon/OH (3 replies)
3/14/2005 11:43:15 PM (2257 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

What Is Title Insurance & Benefits
Michael Stelzer's Blog
2026/03/14
0 comments

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Mortgage Applications Increase in Latest MBA Weekly Survey
“Financial markets were volatile last week amid the ongoing turmoil in the Middle East. Mortgage rates increased o...
NAR Statement on President Trump's Executive Order on Removing Regulatory Barriers to Affordable Home Construction
“America’s housing affordability crisis is fundamentally a supply problem, and solving it requires removing ...
NAR Applauds Senate Passage of the 21st Century ROAD to Housing Act
“It has been nearly two decades since Congress last enacted a sweeping, bipartisan housing law. The Housing and Ec...
Single-Family Starts Remain Soft in January on Affordability Concerns
“The single-family market has slowed as builders continue to deal with elevated construction costs while affordabi...
Propy Brings Agentic AI to Institutional Real Estate with Its Third Acquisition: Boss Law in Florida
"We're excited to expand into the institutional market, where large real estate operators need infrastructure that can s...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.