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Aurornistoday at 3:04 PM1 replyview on HN

Good lessons in here, but the part about giving up on legal action because they told him they’d dissolve the entity is questionable. This is where it pays to have a good relationship with a lawyer who will be up front about your chances and the cost of legal action. The sum discussed falls into the difficult range where it could take enough hours to try to collect that you’d be worse off than where you started if the lawyer can’t deliver anything.

However them dissolving the entity and moving their assets and IP around is also not free and will incur overhead, if they actually did it.

Threatening to dissolve the entity seemingly admits that they do have something worth collecting against. In my experience the companies who run out of money just tell you that they’re out of money and they also start losing key employees and your email contacts because they’re not getting paid either. If the company continues to exist and they’re threatening you to not sue, that might be a sign that they do have the money but they’re relying on intimidating contractors to not try collecting it.

Legal action is not free, so all of this has to be weighed.

EDIT: I should explain how I know this. Younger me took a job with a startup that got in over its head with spending but the CEO didn’t want the party to stop. His strategy was to stop paying any vendors and use the remaining cash flow to only pay past invoices for vendors that we needed something from (more work, more product) or anyone who looked like they were going to sue us. If someone got lawyers involved, they got paid. Needless to say I didn’t keep that job very long.


Replies

jagged-chiseltoday at 4:46 PM

I don’t know this for certain, IANAL, but it seems to me if they’re threatening to dissolve the entity, that could open the owners to personal liability.

Definitely bring it up with your lawyer.

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