Suing a business claiming to be LLC

[jgrif696071]

An air conditioning company quoted me a specific heating/AC system (in writing) in 2015- we signed a contract agreeing to this installation. I discovered after the installation they actually installed a different (cheaper) system. The owner refuses to resolve this- I am taking steps to sue in small claims.

The business calls itself ____ Mechanical LLC. I looked up this LLC on the Secretary of State site so I could properly file my suit. This LLC was created in 2004 and dissolved in 2008. Question: Since this business was not actually operating as an LLC when I entered into a contract with them, should I just sue the owner personally? Or do I sue the LLC even though it's no longer registered with the state? Any advice would be appreciated

 

[quincy]

An air conditioning company quoted me a specific heating/AC system (in writing) in 2015- we signed a contract agreeing to this installation. I discovered after the installation they actually installed a different (cheaper) system. The owner refuses to resolve this- I am taking steps to sue in small claims.

The business calls itself ____ Mechanical LLC. I looked up this LLC on the Secretary of State site so I could properly file my suit. This LLC was created in 2004 and dissolved in 2008. Question: Since this business was not actually operating as an LLC when I entered into a contract with them, should I just sue the owner personally? Or do I sue the LLC even though it's no longer registered with the state? Any advice would be appreciated

What is the name of your state, jgrif696071?

 

[adjusterjack]

I would sue the individual since he was acting as a sole proprietor when he did the work for you.

You can always amend your complaint if he documents continued existence of an LLC.

I would also file a complaint with the state that he was purporting to be an LLC when the LLC had been dissolved for several years. Won't help your case but you might get some satisfaction if the state goes after him.