WILL THE DEFENDANT
WANT TO AVOID A COMPLETE RESTRUCTURE OF THE CORPORATION?
easiest way to determine this is to see if they have done it before with the
Secretary of State. Companies that are reputable and willing to pay a judgment
don?t change names and reform frequently. They are looking for a root in the
community, not the quickest exit from difficulties and problems. If a Defendant
or their attorney advise you that this is their plan, you may want to take them
seriously and consider what happens to your case when you have no defendant to
When evaluating a case, if you ask this question
and even suspect that the Defendant will want to fold and restart the business,
you should make sure there is an alternative means of collecting like an
insurance policy before you assume the risk in a contingent fee case.