Claim against a defunct LLC

[hazydaze]

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

We are in the process of trying to recover funds from a LLC that has been dissolved. We filed paperwork against the owners of the business and they filed a dismissal based upon the fact that the business was an LLC and they wouldn't be liable for the product or services not performed. So, now I'm wondering how do I sue a business that no longer exisits and by looking at the Attny Gen's page, has lien judgements filed against it for non-payment of taxes.

Do I have any recourse to proceed against the business owner (was a husband and wife, husband was a computer tech and did all the work of the business) as an individual since the LLC was dissolved or do I still have to sue the LLC?

Thanks for help in advance.

Brian D

 

[dcatz]

You sue the dissolved LLC and name the owner as a co-defendant. Then, because the LLC is dissolved, you concentrate on “piercing the veil” and getting personal liability, which ranges from hard to very hard and expensive to very expensive, with no guarantee of success. (Actually, your chances decline the better the job he did of structuring it to begin with.)

That needn’t stop you but, if there are tax liens, the taxing authorities will be successful where you only might be at best, so you have to ask yourself whether it’s worth the chase. If you’re going to spend the time and money anyway, you should be owed a sizable amount and you should get professional assistance. Otherwise, consider a bad debt write-off.