GeorgiaPatty
Junior Member
What is the name of your state? Georgia
Background: My husband is a small businessman and his business is conducted through subcontractors. We have 11 of them. They perform services for our endusers, collect the $$$ at point of sale and submit all the money to us by the end of the month. Then we make an accounting of the services they provide and send them a check. We had a sub that stopped submitting the $$$. He owes us $5200 (i know it doesn't sound like much, but it is a small business and it hurts). My husband didn't know he was dealing with an LLC, he thought the sub was a sole proprietor. The checks we received didn't even say "O'Malleys LLC". We went to a lawyer for advice. He wrote a demand letter and Mr. O'Malley called and said he would pay, but his business was bad, blah blah blah. He said he was going to sell some property to pay us. He never paid us. Our lawyer advised us to sue the LLC in Maistrate's court. We did, Mr. O'malley immediately consented to the judgment. My husband called him and asked when we could expect a check for the judgment. He said that we will never get a penny from him, the LLC had no assets and to drop dead. OUr lawyer advised us to seek criminal charges from the DA (because Mr. O'Malley didn't just owe us money, he actually Had our money and refused to give it to us.) The DA has refused to indict or send it to a grand jury because of the civil judgment, even though they admit that there was a criminal aspect to Mr. O'Malley's actions! (I really don't understand that.) I believe that we can sue Mr. O'Malley in Magistrate's court personally because he never represented himself as an LLC, he was the sole member/manager of the LLC and because the LLC was indistinguishable from his personal affairs.
Any thoughts or ideas?
Background: My husband is a small businessman and his business is conducted through subcontractors. We have 11 of them. They perform services for our endusers, collect the $$$ at point of sale and submit all the money to us by the end of the month. Then we make an accounting of the services they provide and send them a check. We had a sub that stopped submitting the $$$. He owes us $5200 (i know it doesn't sound like much, but it is a small business and it hurts). My husband didn't know he was dealing with an LLC, he thought the sub was a sole proprietor. The checks we received didn't even say "O'Malleys LLC". We went to a lawyer for advice. He wrote a demand letter and Mr. O'Malley called and said he would pay, but his business was bad, blah blah blah. He said he was going to sell some property to pay us. He never paid us. Our lawyer advised us to sue the LLC in Maistrate's court. We did, Mr. O'malley immediately consented to the judgment. My husband called him and asked when we could expect a check for the judgment. He said that we will never get a penny from him, the LLC had no assets and to drop dead. OUr lawyer advised us to seek criminal charges from the DA (because Mr. O'Malley didn't just owe us money, he actually Had our money and refused to give it to us.) The DA has refused to indict or send it to a grand jury because of the civil judgment, even though they admit that there was a criminal aspect to Mr. O'Malley's actions! (I really don't understand that.) I believe that we can sue Mr. O'Malley in Magistrate's court personally because he never represented himself as an LLC, he was the sole member/manager of the LLC and because the LLC was indistinguishable from his personal affairs.
Any thoughts or ideas?