I believe that the jurisdiction is North Carolina
I have a LLC based in Florida which has done some work for another LLC based in North Carolina, I have invoiced $52k and I have another $75k to invoice. The other company have not disputed the invoices that have been raised but have said that they can't pay the invoices at the moment and they don't know when they can pay. They have acknowledged the debt in emails and verbally. I don't believe them, what steps can I take to recover the debt ?
You can ask that before you send the products they sign a confession of judgment - which allows you to immediately get a judgment without going through protracted and expensive litigation.
In NC, a judgment by confession may be entered without action at any time in accordance with the procedure prescribed under G.C. Â§1A-1, R.68.1 if such judgment is for money due or for money that may become due or for alimony or child support. A prospective defendant may file with the clerk of the superior court a statement containing the name of the prospective plaintiff, his county of residence, the name of the defendant, his county of residence, and a concise statement showing why he is or may become liable to the plaintiff. A judgment by confession, upon entry, may have the same effect as other judgments except that no judgment by confession may be held as res judicata to any fact in any civil action except in the action on the judgment confessed.
Then if you did have to pursue them - you would already have a judgment.
You could also ask that the owners of the LLC accept personal liability for the debt - that would mean that regardless if the LLC when bankrupt - you could still pursue them.
You could ask that the owners of the LLC personally execute a confession of judgment too. That would allow you to go after them personally regardless of what happens to the LLC.
I would like to issues something like a statutory demand that would instigate winding up procedure should they not pay. What can I do
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).