Can I file a lawsuit against my builder? or the owner?

Hi I have a vacant land in Florida.Year 2006 in August,I hired builder and signed the contract to build my dream home.Right after I signed the contract I made a deposit ,000.00. Couple months later I was trying to cancel the contract due to my personal problem.I asked builder to refund my deposit. I was expecting about 80% because they already spent about ,000.00 – survey. stake. etc…
They ignored. So I hired attorney to write a letter more than three times but I heard same story that they do not want to refund my money back. Now I decide to file a lawsuit against the builder.
But here is a problem. They closed their company. (*NOT BANKRUPTCY)
My question is
That company was INC.(S Corporation)
Owner(Share holder) was James and Tom)
I think I can not sue the builder because the company has closed their business. How about James and Tom (The owner also a share holder for that company) Can I still sue the owner for my deposit?
PLS Help.

3 Responses to “Can I file a lawsuit against my builder? or the owner?”

  1. jslinderml Says:

    First of all, you need to look at the refund policy under your contract to make sure you are in compliance with that.

    Depending on how the company was unwound will determine a lot. If the owners assumed assets of the company upon closing, then those assets MAY be attachable (there are a lot of variables). If the company closed negative assets (sans bankruptcy) your chances of recovery are slim, unless you can prove fraudulent activity on the part of a principal.

  2. kitkat Says:

    I am new in learning about being incorporated, and from what I’ve learned, you can not sue the owner, only the incorporation. That’s the whole point to incorporating. However if their incorporation is dissolved and they did not dissolve it according to law, you may have a chance still, if it was not properly dissolved. Waste no time in checking into this.

  3. rememberthecole Says:


    He will need a copy of all your papers/contracts. You may have no claim to get the money back per the contract. You may only get some back as there may be a large penalty clause in the contract. But if you need to file a suit you need to do it ASAP.

    If they file bankruptcy before you start legal action your chances of getting your money back are less!!