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aaronpk_tv
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"Hypothetical" situation: Is it possible to name an LLC in a small claims suit if the LLC has expired due to administrative dissolution?-
I don't know the specifics, but my hunch is that there's a protection in place to keep LLCs from rapidly dissolving to avoid incoming lawsuits. I suspect the registered agent, or organizing members / managing members in the articles of organization, would have to answer in some capacity.
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Complicated...has to be dissolved *properly* (most don't do that). Members liable if knowing fraud/wrongdoing. (call an attorney ;)
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Can we just hold the case here on Facebook while we're at it?
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His LLC address is his home, so I'm sending certified mail as the service!
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Thanks! Luckily it's not a huge fortune, I'm going to remain optimistic that he'll put together the amount he still owes.
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The bigger question, maybe, is whether there's anything - and I mean ANYTHING - left to recover. Even if you get the judgment (woo moral victory) the likelihood that it will be paid is pretty small.
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Hey Aaron! I can verify w/ litigator pals, but presuming that you can locate someone to serve, I think the LLC is obliged to at least answer.
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I would guess that if legally the fictional person no longer exists then it has no liability, that is one reason to grow a fictional person. If a contract named their successors/other responsible people, then those people could have taken on liability. You can probably name it, but not get $ from it. *not legal advice!
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