Can you take a dissolved LLC ownerwho is also theowner of a new LLC to court?
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Can you take a dissolved LLC ownerwho is also theowner of a new LLC to court?
I work for a company who has an outstanding bill for approximately $2500 for a now dissolved LLC. This restaurant has over $35,000 in unsatisfied court cases. Recently I learned the former owner/registered agent of this LLC bought a new restaurant in town. Is there a way I can take the new restaurant to court? Or somehow settle this outstanding bill with her?
Asked on July 19, 2011 under Bankruptcy Law, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Potentially you can file a lawsuit against the former owner of the dissolved limited liabilty company for the $2,500 amount owed claiming: 1. he or she entered into the obligation individually and not on behalf of the dissolved entity, or 2. the dissolved entity did was not kept separate from the actual owner's separate and personal business so that it would be unfair to disregard the separate nature of the dissolved limited liability company and the owner in that they essentially are one and the same.
The new restaurant may not be held as an entity or may not be an asset of the dissolved entity. If the restaurant bought by the former owner of the owner of the dissolved limited liabilty company after the limited liabilty was dissolved that owes you money, there does not seem to be a legal basis for taking the new restaurant to court.
You might want to sue the former owner of the dissolved limited liabilty company in the small claims court of the county you live in if there is a small claims court claiming items 1 and 2 above as your theory of liabilty as to the individual former owner of the dissolved corporation.
Good luck.
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