| Suing an LLC and collecting the judgement
What is the name of your state (only U.S. law)? Virginia
I am going to small claims court in the next two weeks to sue an LLC. It is a property rental company owned by a single person. He has a business partner who owns the rental houses and although they both profit equally off each piece, they do not share legal interests in either piece.
The property rental company refused to return my security deposit, refused a move-out inspection, and refused to explain why he was taking the money. All are blatant violations of Virginia rental laws. I am extremely confident that I will win the judgement, but I am very nervous about the collections process.
I truly believe that if/when the judgement is awarded in my favor, the guy will still refuse to pay. Since his company theoretically doesn't have any assets, I could easily see him simply "shutting down" the company and reopening it under another name or something similar. If I understand correctly, since he is a LLC, this would prevent me from trying to collect from him directly. I would still end up being out the money and would have no further recourse for collecting. Is this true, or am I misinterpreting the idea of a LLC. If he could do what I suggested, is there any other course of action I can take? | 
10-19-2009, 07:18 PM
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