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
3 Answers from Attorneys
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.
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.
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