Legal Question in Business Law in Utah

Being Sued Personally for Services Rendered for a Now Defunct LLC

Owned a business set up as a LLC in UT. Contracted with a web designer to create a website for the company. All agreements were verbal. There were no personal guarantees given.

He took much longer to create the site than expected and did not fully finish it. He also used pirated copyrighted stock images in the website, unbeknownst to me until later. Partially due to the extended length of time to create the website, my company went out of business about 2 1/2 years ago and the LLC expired.

Earlier this week I recieved a summons to go to court because he is now sueing me for design services. In fact he is sueing for more than was mentioned in any discusssion. To this day I have yet to recieve a single invoice for the work and he has old made approx. 1 call per year to ''remind'' me of the debt.

Questions:

- Can he sue me personally for the web design or am I protected by the LLC since all discussions and work was transacted on behalf of that entity?

- And since the LLC is now out of business (and has been for 2 1/2 years) and has no remaining assets is he out of luck in ever collecting against it?

- If he has no legal recourse against me personally, what do I do to get the case dismissed?


Asked on 3/11/09, 2:12 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Being Sued Personally for Services Rendered for a Now Defunct LLC

If you are personally named you must answer the suit in your name and ask to have yourself removed. If you fail to object he can get a default judgment against you personally.

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Answered on 3/11/09, 3:40 pm


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