Can I file a successful lawsuit against a now defunct wedding photography company that has not given me my wedding photos?
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Can I file a successful lawsuit against a now defunct wedding photography company that has not given me my wedding photos?
It’s been almost a year.
Asked on August 19, 2013 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You say that the company is "defunct." If it was a corporation or limited liability company, then you probably cannot file a successful lawsuit--even if you win, you would most likely not recover anything, since when a business is a corporation or LLC, only the company (and not owners, managers, employees, etc.) is responsible for any debts or liability. Therefore, if the company is defunct, there is most likely no money (no assets; no income; no accounts receivable) etc. to recover compensation from.
If the company was not a corporation or LLC, however, you may be be able to sue the owner(s) personally and, if you win, recover compensation from him, her, or them.
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