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lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25387
Experience:  Attorney with over 35 years of business experience.
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I have to sue a LLC is it better to sue the llc AND the person

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I have to sue a LLC is it better to sue the llc AND the person who owns it of just the llc

there are twocontracts one with the person and another with his wife noting with the llc
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET the your deposit is not used to compensate me until you rate my service.

If the contracts are personal, then you would sue them personally and not the LLC. It appears that you would have to sue both him and his wife. Your cause of action is breach of contract since they did not comply with the contracts and you have to sue exactly as the name appears on the contract. Further it depends on the amount owed. You may be able to sue in small claims depending on your state. If that is the case you may want to sue each of them separately in order to get under the limit allowed in small claims. If you are close to the limit, you may still want to sue in small claims unless your contract allows you to also recover attorney fees.

If it is over the small claim limit, I would strongly suggest that you retain a local attorney to file suit. You can find an attorney at

http://www.lawyer.com

If the contract is actually with the LLC rather than the party personally and you did not include a personal guarantee in the contract, then you are going to have to sue the LLC and probably cannot sue them personally. In order to serve the LLC, you will need to do a search in your state for the company's registered agent, usually at the Secretary of State website. For an LLC you usually have to serve the registered agent.

I appreciate the opportunity to be of service and if you need further clarification, please continue.
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Customer: replied 3 years ago.

There is only a contract with the husban and wife not the LLC


 


However if I sue the LLc which is the present owner of the business they have to get an attorney. Which cost money


 


I sued three people last year One by myself and won, other two I did all the work filed, discovery ect and used the attorney for court He was good the first time very bad the second time. Right now I do not have that money ( it seems justice is by the dollar )

I understand. You can name the LLC and see what happens. You are correct in that they will have to retain an attorney to file an answer for the LLC. Good luck with it and thanks for the positive rating.
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