Legal Question in Business Law in Tennessee

Started small painting business L.L.C., have workers comp and liability. Husband and I are about 3 to 5 yrs from retirement. My husband says what if! accident claim turned down by insurance (loop holes) person goes after our personal assets with lawsuit - there goes retirement. Questions

1. Could this happen would the courts allow it?

2. What would my expense be to fight back?

3. Is there anything I can do to guarantee this want happen?


Asked on 12/05/11, 12:31 pm

1 Answer from Attorneys

Ryan Nevin Nevin Law Firm

It is possible but hard to do for a person suing you. Since the business is incorporated as an LLC, the only way a person could sue you personally is by "piercing the corporate veil". This can only happen in very narrow circumstances, the most common being the "alter ego" circumstance, where the corporation is being used for primarily fraudulent purposes. Courts look to see if you have undercapitalized the business at formation, mixed personal assets, or failed to keep up with the corporate formalities (e.g. meetings, elections, keep books). For an "accident", however, it is very unlikely a court would pierce the corporate veil. Expenses to fight back would run a few thousand dollars to more depending on the complexity of the case.

To prevent this from happening, make sure you don't mix personal assets and follow the corporate formalities. So continue to hold annual meetings, elect directors, strictly keep records, minutes, accounting books, and whatever else your charter provides.

Read more
Answered on 12/12/11, 10:47 am


Related Questions & Answers

More Business Law questions and answers in Tennessee