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How to collect small claims judgement against LLC

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homescool

Junior Member
We are a small private school, took 41 teenagers on a bus trip to NYC last June, the bus had over 17 major incidents/breakdowns on the way back alone. The trip was not completed as the bus was unsafe etc. Trip extended for over 18 hours. We sued for 1/2 of the money back to refund to the kids. We won hands down and the counter claim dismissed. The crusty old curmudgeon refused to pay, filed an appeal and was slapped down by that judge and told the trip was a fiasco and pay up. Now the loser has retained a lawyer who says we can not collect from the owner only the LLC. This old goat dissolved the LLC immediately upon learning of the original small claims suit. It is a small amount - $2600. Do we have any recourse?
 


Taxing Matters

Overtaxed Member
Do we have any recourse?
You took the trip to NYC, but in what state did you get the judgment and in what state did the bus company operate and have assets? You may still be able to go after the assets of the company after the liquidation depending on the facts and applicable state law, perhaps under either pursuing the owner as a transferee of the LLC or using a state fraudulent conveyance statute. This assumes, of course, that you did not get a judgment personally against the owner. If you did get a judgment against the owner then the most direct route to collect is going after his assets.
 

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