Legal Question in Business Law in Illinois

One partner out of LLC

my partner and i have ran a llc trucking company for 41/2 years, we got to the point of many problems so by mutual agreement i am leaving the company. he has acknowledged of debts that need to be paid and monies that i have loaned the company. my question what type of promissary or legal document do i need to assur ethe return of the money? or should i place a lien on the company's property and bank account? he has taken me off the account since May, 2004 so i have recieved no benefits at all.


Asked on 12/11/04, 4:20 pm

2 Answers from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: One partner out of LLC

Mr. Moens is correct. If your limited liability company has rather significant assets to which you have a claim or significant debts from which you want to shield yourself, you would need counsel to help draft documents to protect your interests.

In the absence of reaching an agreement with the other member of the LLC, you would need someone versed in the Limited Liability Company Act to give advice as to the consequences if no agreement is reachable.

Please feel free to check out my firm's website in this regard, should you desire.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 12/14/04, 11:19 am
Thomas Moens Moens Law Offices, Chartered

Re: One partner out of LLC

You need to contact an attorney. This website is designed more for asking questions of a general legal nature. You have some specific items which need to be done in a rather short amount of time. If the money you're talking about is significant, you need to have someone in your area assist you with this.

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Answered on 12/13/04, 10:07 am


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