Suing an LLC

[pinkerton]

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

I left my previous job the end of 2009 because they could not pay my wages. Upon leaving I was still owed roughly $7000. I have saved all email correspondence from my previous employer (two men the COO and CTO) acknowledging debt owed and promising repayment time and time again. There was even a promissory note emailed to me with the amt of debt owed, and a repayment plan beginning Dec 2010. They honored it for 2 months and now the employer is being difficult and missing payments. I want to file a civil claim.

They are an LLC, I was hired by the COO and CTO of the company in Dallas I know the home address of the CTO and he writes the checks and they are the employers who have handled my work and admit to owing me wages. They have an office address in Dallas but it is only for show. The main headquarters for the business and CEO are in Indianapolis (which is only a physical address for show). Can I list one of the partners and his home address under the business or as well as the business since he is the one writing checks and needs to be served? The lines are grey since it is an LLC I am unsure to address it as a corp or proprietorship.

Thank you!

 

[musicman654321]

You have 2 options:

a) contact your state DOL .. they can handle pay issues

b) file suit - serve the registered agent of the company (best way)- go to sec. of state website for his contact information.

You may wish to check and see if you can do B w/o doing A first.

 

[dmcc10880]

Can I list one of the partners and his home address under the business or as well as the business since he is the one writing checks and needs to be served? The lines are grey since it is an LLC I am unsure to address it as a corp or proprietorship.

Thank you!

FYI, an LLC is neither a corporation nor a partnership, yet shares some of the benefits of both.

You would file the suit in (I assume) Dallas County where you live against ABCD, LLC and list all of the LLC's members or managers. You would serve the LLC's registered agent. You must be certain to have the correct name and address for service. You can obtain that information from the Secretary of State in which the LLC was formed, again I'm assuming Indiana, but you can check the Texas SOS website to see if the LLC is registered in Texas.

Before you go through the the motions, call the folks in Dallas demand to be caught up on your payments and tell them the next time they hear from you it will be in court.

The Civil Court Clerk can help guide you through the process. Bring your check book as you'll need to pay the filing and service fees.

 

[John_DFW]

a) contact your state DOL .. they can handle pay issues

It is called the Texas Workforce Commission in Texas, in case he has trouble finding it.

 

[pinkerton]

thank you everyone for the replies, I cannot file with texas workforce commission because there is a limit of 180 days.

I did search the SOS website as advised and came up with this:

Mark Filing Number: 80103512
Person: Maverick Venture Partners LLC
Title: Registered Agent
Entity Name: Elumenus Management Group Joint Venture, L.P.
Entity Type: Domestic Limited Partnership (LP)
Entity Status: Forfeited existence

Nowhere does it list a specific name of one person responsible, and the address listed is a very old one two years ago, they have since been locked out of that address. What does forfeited existence mean and what can be done?

 

[dmcc10880]

thank you everyone for the replies, I cannot file with texas workforce commission because there is a limit of 180 days.

I did search the SOS website as advised and came up with this:

Mark Filing Number: 80103512
Person: Maverick Venture Partners LLC
Title: Registered Agent
Entity Name: Elumenus Management Group Joint Venture, L.P.
Entity Type: Domestic Limited Partnership (LP)
Entity Status: Forfeited existence

Nowhere does it list a specific name of one person responsible, and the address listed is a very old one two years ago, they have since been locked out of that address. What does forfeited existence mean and what can be done?

Forfeited existence means the LLC is inactive due to the failure to file its franchise tax return.

These guys are good. (at scamming)

Then sue the LLC and serve in care of the LLC at the address of the CTO and name him personally. Hopefully he's a member.

However what's concerning is that the entity is an LP which means you'd have to list all of the partners in the suit.

Have you checked the with the Indiana Secretary of State? Might want to try there as well.

Let me know what you come up with.

 

[pinkerton]

Okay, upon searching 'Elumenus' in SOS Indiana it yields both the following:

Name Searched On: ELUMENUS (Legal)
Current Information
Entity Legal Name: ELUMENUS LIGHTING CORPORATION INC.
Entity Address:
General Entity Information:
Control Number: 2011030900406
Status: Active
Entity Type: For-Profit Domestic Corporation
Entity Creation Date: 3/9/2011
Entity Date to Expire:
Entity Inactive Date:
This entity is current with Business Entity Report(s).
There are no other names on file for this Entity.
____________

Name Searched On: ELUMENUS (Former)
Current Information
Entity Legal Name: TIGER GREEN, LLC.
Entity Address:
General Entity Information:
Control Number: 2009082000444
Status: Active
Entity Type: Domestic Limited Liability Company (LLC)
Entity Creation Date: 8/20/2009 11:48:54 AM
Entity Date to Expire:
Entity Inactive Date:
This entity is current with Business Entity Report(s).

Other Names for this Entity:
Date Name (Type)
12/22/2009 ELUMENUS PARTNERS, LLC (Former)

I know the names of the three guys listed as CEO, COO, and CTO
I know the physical home address of the CTO who has written and signed checks for me. It seems like they have the same business names going in circles with slight differentiation. Ex: Elumenus, Elumenus Lighting, Maverick Venture Partners, Maverick World Wide, FBH Holdings etc. Am I just now discovering that they are running some sort of scam??

Edit new discovery: Okay my first check back in 2009 was paid by FBH Holdings LLC
The search for this LLC does not show up in SOS Texas, but is in SOS Indiana

Name Searched On: FBH HOLDINGS (Legal)
Current Information
Entity Legal Name: FBH HOLDINGS LLC
Entity Address:
323 East Berry Street, Fort Wayne, IN 46802
General Entity Information:
Control Number: 2009122200152
Status: Active
Entity Type: Domestic Limited Liability Company (LLC)
Entity Creation Date: 12/22/2009 9:17:44 AM

When I put in the address in google it leads to this company which I don't recognize any person or name. However, what are the odds that Elumenus and FBH Holdings are both filed on 12/22/2009 in the state of Indiana??