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Richard, Attorney
Category: Legal
Satisfied Customers: 55698
Experience:  Attorney with 29 years of experience.
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a member of our LLC requested to dissociate with LLC on 2/26/13,

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a member of our LLC requested to dissociate with LLC on 2/26/13, as we were doing our due dligence to process that request and get everything in order on 2/28/13 she withdrew everything out of the company account to pay off a personal loan. This account include state and federal tax fund that had been collected from our customer. What is our best course of action going forward. Also this affectivly bankrupt the company.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. This action gives you both a cause of action in the civil court and the right to prosecute criminally. You should let her know personally that this is not going to be tolerated by bring the hammer down. You can send her a letter by certified mail giving her a chance to pay this back within a short specified period of time first if she wants to avoid the following action or you can proceed directly to taking the following action. First, file a civil suit for breach of fiduciary duty and fraud...asking the court to award you both actual damages plus punitive damages due to the fraudulent act. Second, contact the district attorneys office and pursue criminal charges for both embezzlement and fraud. These actions on your part will likely cause her to re-think her situation and return the money quickly.

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Customer: replied 4 years ago.

Thanks for the information, appologies for it taking so long to respond back. I had to go to the bank and have the hostile member removed from all accounts.

You're was my pleasure to be able to help! Take care!