dissolved LLc

[al1234]

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

funds were loaned to a LLC through a wire transfer as loan, and now the individual owning the LLC is refusing to pay the loan back under the terms of the loan. It turns out that the LLc was dissolved by him approximately 6 months ago, but the bank account was kept open, and that's where the funds were transfered to. I have a couple questions if anyone can help?

1. what are the options to go after him for the money, since the LLC was dissolved even before the loan was made?

2. does this fall under wire fraud, and federal criminal law, since he had asked for the funds to be transfered to a bank account for an LLC that had been dissolved already?

 

[AlmostALawyer]

1. what are the options to go after him for the money, since the LLC was dissolved even before the loan was made?

2. does this fall under wire fraud, and federal criminal law, since he had asked for the funds to be transfered to a bank account for an LLC that had been dissolved already?

1. You can go after the guy personally on the loan. I hope you have a written agreement or writing evidencing the transaction.

2. There is a chance it is wire fraud, or criminal fraud. You could also sue civilly for fraud. This can be difficult to prove. I think you have to prove that the person committing fraud never intended on paying off the loan at the time of entering the loan agreement.

I'd go see a lawyer. I'm guessing this/has gotten messy. Good Luck.

 

[tranquility]

A person who is "AlmostALawyer" would know such things are wound up and not dissolved. Things don't just disappear just because the owners want them to be.

No one can know the answer unless they see the documents and the operating agreements. As a basic guide, I'd assume I'm liable.

 

[al1234]

I don't have a signed document on paper. But, I do have emails with his request for the loan and clear terms on repayment, with the exact date that the loan was to be paid. Since he has been in default, he has tried to have me sign a new contract for repayment with unexceptable terms, and a non-disclosure clause which if violated would make him a free man. So, he clearly states that the money is owed.
The llc was dissolved by him, and he was the only member, but the bank account was still active, and that's where the funds were wired to. My question is since the entity which I loaned the money to was non-existent, legally does this fall under fraud?

 

[tranquility]

As mentioned in the other thread, you loaned money to an LLC without checking its status or demanding a personal guarantee? And, you have nothing on paper? What caused you to loan money in such a non-businesslike fashion?