Legal Question in Credit and Debt Law in California

Former LLC partners have failed to make debt payments in my name

Resigned from an LLC in March. Remaining partners agreed to pay off credit debt in my name for company's benefit. They stopped paying in May, I am just finding out now. What Can I do? Can I sue? How?

Thank ou


Asked on 10/23/02, 1:44 pm

3 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Former LLC partners have failed to make debt payments in my name

You can make a demand, in writing, for payment and short or compliance, sue them. If under Five thousand dollars ($5,000.00) in the Small Claims Court. If more, in a Superior Court complaint.

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Answered on 10/24/02, 12:55 am
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Former LLC partners have failed to make debt payments in my name

If the facts are as you say and if they received something of value in exchange for their promise to pay your bills, you have an enforceable contract. As such, you can sue for breach thereof.

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Answered on 10/23/02, 2:00 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Former LLC partners have failed to make debt payments in my name

As Mr. Berger eloquently stated, depending on the facts you may well have an action for breach of contract. If the amount is less than $3,000.00, you can take them to small claims court which is a quicker, less expensive alternative.

Martin

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Answered on 10/23/02, 2:34 pm


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