Legal Question in Construction Law in Maryland

Collecting Judgement From an LLC That Wasn't

We had a home built. The Builder forgot to budget for impact fees and water and sewer connection charges and sued us for them. We counterclaimed for punch list items and poor-workmanship. He lost his claim and we won a judgment for $25000. The problem is that only ''Company Name, LLC'' was listed in our counterclaim. The contract we signed listed the company as ''Company Name, Inc.'' Turns out that a completely separate company named ''Company Name, Inc.'' existed before, during and after our house was built. It looks like he fraudulently represented that he was incorporated when we signed the contract and while we were building the house. It wasn't until 2 months after our house was complete and 2 months before he sued us that ''Company Name'' made an Entity Filing with MD and became an LLC. Now they claim the LLC has no assets and they're closing it. The question is how can we get a judgment against an LLC that we didn't contract with to changed to a judgment against the personal assets of the owner?


Asked on 2/20/02, 3:32 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Collecting Judgement From an LLC That Wasn't

This is a contract claim that has been liquidated.

Execution of judgment is outstanding. A confusion has arose as to the guarntor or party required to execute the outstanding judgment.

This will require a little research but should be resolvable as stated. Sorry I can't say more but I don't know the party proper's names and any relationship other than your bald allegation of similarilty with MDAT filings. Feel free to contact me for a free telephone discussion.

G. Joseph Holthaus III

(410) 799-9002

[email protected]

Read more
Answered on 2/22/02, 9:32 pm


Related Questions & Answers

More Construction Law questions and answers in Maryland