04. Asset Investigation
Initiating a lawsuit, even if liability is clear, may not be worth the time and effort for you if the defendant(s) against whom you seek to obtain a judgment have little to no assets. For cases against questionable defendants, it is a good idea to get an idea of the assets available to satisfy an eventual judgment. It may even be a key step if you suspect a defendant will fraudulently transfer assets after learning of your intention to sue. If you have already obtained a judgment, we can assist you in locating recoverable assets. In some circumstances, we may even offer to purchase your judgment to give you immediate monetary relief.
Locating Potential Assets to Recover
Depending on your objectives, different legal entities may better suite your needs. Each State has their own recognized legal entities and laws that govern the formation, operation, and closure of each. Some entities provide limitation of liability to its owners, while others do not; some allow for the specialized management arrangements, while others do not; some have formal operating requirements while others may be operated informally; some even require that all owners be licensed members of a particular profession. In addition to the benefits and burdens of a particular entity as identified by the State, different entities may be subject to special treatment under the U.S. Tax Code. We advise clients on the various entities that may be available to accomplish particular legal objectives.
Investing in Your Judgment
In most circumstances drafting a governing document for your business is advisable, if not required. A governing document is like a contract between the owners of the business agreeing how the business will be managed, how profits and losses will be allocated among owners, how disputes will be resolved, how ownership interests will be calculated and valued, how the business will be liquidated, and potentially a whole host of other issues. Many lenders and investors look to the governing document to determine how their interests will be affected before choosing to provide capital or credit to the business. To that end, a well-crafted governing document can convey a sense of professionalism, forethought, and organization that can help seal the deal. We draft a standard governing document for your business, and can tailor it to meet a wide array of complex governance arrangements.
Zealously Representing Clients
Request a Consultation
The Anthony A. Garcia Law Firm does not charge an initial consultation fee to review the particulars of your business needs. Simply send us a written description of your business and desired legal outcomes and contact us to schedule a free telephonic or video-conference consultation.