Your corporate customer closed its doors and the guarantor does not appear to have any assets. You could simply write it off and forget it. Don’t do it! Fight for your money! Company Y did – It hired us.
Our initial investigation showed that within the past four years, the guarantor put his house into a “nominee trust.” Recognizing elements of a fraudulent conveyance, we filed suit and obtained a real estate attachment both against the individual guarantor and his ownership interest in the “nominee trust.” The Court set aside the fraudulent conveyance and entered judgment against the deadbeat guarantor and his defunct corporation. We directed the deputy sheriff to levy and suspend the sale of the deadbeat’s property and then waited. The deadbeat guarantor eventually sought to refinance. When he did – “gotcha” – to the tune of $7,000.