Responsibility

[Cremsin]

What is the name of your state (only U.S. law)? South Carolina

Our LLC is being sued by a company. The lawyer representing this company sent a letter to one of the owners houses, which the owner no longer lived at, with papers for us to sign to settle the matter. Now that lawyer contacted one of the other owners, a month later, saying that since we never replied we have to pay $920 in legal fees, plus sign the paper. My question is, as an LLC should they not have sent the letter to the business instead of trying to send it to a owners address, and only one owner (there are three). He moved before the letter would have even arrived, and they said that it is our fault because we did not receive it.

Thank You.

 

[quincy]

What is the name of your state (only U.S. law)? South Carolina

Our LLC is being sued by a company. The lawyer representing this company sent a letter to one of the owners houses, which the owner no longer lived at, with papers for us to sign to settle the matter. Now that lawyer contacted one of the other owners, a month later, saying that since we never replied we have to pay $920 in legal fees, plus sign the paper. My question is, as an LLC should they not have sent the letter to the business instead of trying to send it to a owners address, and only one owner (there are three). He moved before the letter would have even arrived, and they said that it is our fault because we did not receive it.

Thank You.

The attorney appears to have served the individual who was listed with the Secretary of State as the agent for your LLC, at the physical address that is on file with the SoS.

Every LLC in South Carolina must have a registered agent.

Did the agent/owner think to change his address with the SoS when he moved? If not, then it appears to be a failure on the part of your LLC.

 

[Cremsin]

Ok, thank you for your response. I do not think the address was changed.

 

[quincy]

Ok, thank you for your response. I do not think the address was changed.

You will want to check to make sure that all of the information filed on your LLC with the Secretary of State is correct. If you discover your LLC's registered agent did not record an address change with the SoS, this update should be made now.

Because I don't have any idea what the $920 in legal fees is all about (or if it is a legitimate fee for the attorney to charge), you could have what you received from the attorney reviewed by an attorney of your own. And, if your LLC is being sued, it is probably a good idea to consult with an attorney in your area about the lawsuit anyway.

Good luck, Cremsin.