Can a bill collector sue a corporation if it has been dissolved for 2 years?

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Can a bill collector sue a corporation if it has been dissolved for 2 years?

My corporation has dissolved but a bill collector has taken me and the corporation to small claims court (I personally guaranteed an open credit account). I claimed bankruptcy and am still under bankruptcy protection but he still sent a summons to me and the corporation. He now wants me to bring in all ledgers and records. The corporation did not claim bankruptcy. Can he do this? The business was closed 2 years ago.

Asked on August 18, 2011 Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the corporation was actually dissolved, there is nothing to sue...though if  it was just dormant, but still exists, you could be sued. You may wish to check to make sure it's been dissolved.

As to you...you guaranteed the credit account, so you could certainly be sued but for the bankruptcy. If the debt predated the bankruptcy, so it would be covered by the bankruptcy, then you should be protected by the bankruptcy process, at least if you listed the creditor for the bankruptcy (if you did not list them, that might deny you protection). If the debt post-dated the bankruptcy, then the bankruptcy would likely not afford protection. You would be advised to consult with an attorney, specifically a bankruptcy attorney, if the amount is more than, say, $2,000 or so. For less than that, it may be best for you to try to handle the matter yourself.


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