Legal Question in Business Law in Washington

Continue: Dissolved LLC being sued

Clarification:

Plaintiff suing DISSOLVED WA LLC and individual; individual answered PRO SE (within time frame) because I cannot afford attorney. Individual, is also registered agent of dissolved WA LLC. PROBLEM: plaintiff mailed �Motion of Order for Default� against LLC, which was ADDRESSED to individual without LLC name.

As soon as I got the summon for individually and for agent of LLC, the reason for calling plaintiff attorney (which I know probable MOST people should not), is to let Plaintiff know neither the LLC nor individual has any assets or committed any wrong doing as claimed to help resolve the matter. I know that dissolved LLC have to HIRE attorney to appropriately answer the summons for the company, which is why LLC did not respond. So, what is the point of Plaintiff suing if neither the dissolved LLC nor the individual have any assets?

Read that dissolved LLC does NOT need to file an answer with court when there is no assets involved, plus individual does not have any assets either; cause LLC will be in default.

DOES DEFAULT JUDGMENT ON LLC AFFECT individual case and my counterclaim against the Plaintiff?


Asked on 1/19/08, 1:52 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: Continue: Dissolved LLC being sued

I've read your clarification. It does not change my advice. It does not matter that LLC is dissolved if event that caused the controversy happened while LLC was not dissolved. If it happened after dissolution, then protection of the LLC is no longer available to you, so that's not good either. It does not matter how the envelope was addressed, so long as it was addressed to and received by the agent of the LLC. The point of pursuing the claim even when LLC and individual have no assets is that individual may some day have assets. Judgment is good for ten years, and can be renewed for additional ten year periods. Whether default judgment against LLC affects your individual case and your counterclaim requires me to know many more facts of the situation, and so I can't answer here.

I understand and I agree that it is unjust that those who do not have access to an attorney are at a severe disadvantage to those who do. I can sympathize with your frustration that you are not getting the good news you would really like here. But if I told you to "ignore the problem because it has no legal basis and will go away", I would be doing you a serious wrong.

My original advice stands: see an attorney asap.

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Answered on 1/19/08, 2:40 pm


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