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Contractor Walked Out; Post-Court

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cassenova13

Junior Member
What is the name of your state (only U.S. law)? FL

Background: Signed a contract in Nov 2009 after giving 75% deposit. Contractor began job in Feb. At the end of March, stated he no longer had the money to pay for the remainder of our job. (Which included fixing VERY FAULTY cabinet work and installation of granite countertops) Said he'd come back to do the remainder of cabinets (and we could find our own granite contractor). Never saw him again. Sent 2 registered letters offering a chance to make things right -- he never picked the letters up from the Post Office. Found out he'd been operating without an occupational license (though the BBB said otherwise!!!) *SIGH*. Took him to Small Claims, he never showed. Judgement placed on him for max amount + court costs. He was evicted from his rental office space, and moved from his rental townhouse, so we are left tracking him down...

We are now the collectors, however, I feel as though we're back at square one... trying to get our rather large sum of money by ASKING/DEMANDING.

We have the form from the Court that needs filled out (listing his assets), and still had his phone number, however, we were supposed to meet him tonight and he never showed. Said we can mail the forms to him...

He also said, since he's an LLC, he's not personally liable. (??) [On court documents, we listed his name, his business name (the LLC), as well as his business agent's name.] Does anyone know stipulations of suing an LLC?

Also, any suggestions for collecting the debt?

We've now paid for TWO kitchen re-models, and I just want peace... (oh, and our money back)!

Thanks in advance.What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
He also said, since he's an LLC, he's not personally liable
He may not be liable for the LLC debts but if you included him in an individual status on your suit and the judgment is listed against all the defendants of the suit, the courts have determined his is liable for the debt. If he disagrees, he will have to go to court and seek to have the judgment against him, as an individual, vacated. Until then, he is just as liable as the LLC and his business agent.
 

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