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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am pursuing a small business claim. The business is

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I am pursuing a small business for a claim. The business is a partnership. If that business incorporates itself as a limited company before court papers are issued will my claim be against the partnership or the limited company. I feel that they may be trying to protect themselves from my claim by becoming a limited company.
Hello my name is ***** ***** I will help you with this.
If the debt was owed by the partnership then the partnership will owe it regardless of whether they change to Ltd.
The partners will be personally liable for any Court proceedings, so it does not make any difference if they form a Ltd company as the debt is with the partnership.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for your reply. Perhaps I should elaborate a little more. My claim is an Intellectual Property one whereby I believe the people concerned have used my artwork and created a derivative image. As yet the case hasn't been issued to a court and so I don't have a "debt" owed to me but if I proceed to court and my claim is successful, I anticipate a large sum to be awarded. So on the assumption that I win but they incorporate prior to the case being heard could they potentially become limited in order to wind up the business and leave me with nothing. I know this sounds extreme but I have heard through a mutual friend that they are considering this course of action. I am worried that I could be throwing a lot of money at this and ending up worse off.
No, your claim would still be against the individuals because that is WHEN the breach occurred.
Does that clarify?
Customer: replied 2 years ago.
Yes, thank you