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lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25386
Experience:  Attorney with over 35 years of business experience.
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My fathers company is owed $. I want to take the people

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My father's company is owed $.

I want to take the people that owe him $ to small claims court. But first I want to send them a letter giving them one opportunity to set up payment arrangements in exchange for waiving late fees and not being sued.

To write said letters, I need to state whom they are coming from.

Is he more legally protected in case of some mistake if I utilize his LLC as the Plaintiff?

Or is it better to have a document in place where his LLC sells the debt to my LLC and I use my LLC as the Plaintiff? My LLC is not "collection agency certified" or whatever it is called. All of the debts arose within Arizona by parties within Arizona. Some have moved out of state but Arizona courts have jurisdiction over them regardless.

Thank you.
To write said letters, I need to state whom they are coming from.

Is he more legally protected in case of some mistake if I utilize his LLC as the Plaintiff?

If they owe the money to his LLC then that is the entity that needs to send the letter. You do not need to "sell" the debts to your company. Send the demand letters certified so that you can prove that you demanded payment. If the parties are out of state it is probably not worth the time and effort to file suit since collection would be such a problem. You would be better off to let an actual collection agency handle the debts, especially those that are out of state.
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Customer: replied 5 years ago.
OK, thanks much! :)
You are most welcome and good luck with collecting. Here is the small claims info

http://www.azcourts.gov/selfservicecenter/SelfServiceForms.aspx#SmallClaims
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