Corporate Law Suing a Limited Liability Corp

[seschroll]

When suing a LLC in small claims court, when would you sue just the LLC itself and when would you sue both the LLC and the president of the LLC in his individual capacity?

 

[army judge]

When suing a LLC in small claims court, when would you sue just the LLC itself and when would you sue both the LLC and the president of the LLC in his individual capacity?

When???

Whenever you wish.

Which one is the correct one to sue, is a better question?

You sue the president, if she/he has done something harmful in her/his capacity as president of the LLC.

More than likely, suing the LLC, is the more appropriate action.

Some attorneys (I do not) subscribe to the sue them all and let the judge and/or jury sort them out approach of lawyering.

That works, too.

 

[jharris352]

You can only sue the officer personally if they acted outside the scope of their duties to harm you. Correction, as Army said, you can sue anyone including God and Santa if you can serve them. But if you want to state a claim upon which relief can be granted you need to have an action by the officer that exceeded the scope of his duties to make him personally liable.

 

[seschroll]

Sorry I am late in replying. Thank you both for replying. Since I am only suing for $2,000 and the LLC only has one person as a member, I suppose it really isn't necessary to pierce the corporate shield.

 

[army judge]

Sorry I am late in replying. Thank you both for replying. Since I am only suing for $2,000 and the LLC only has one person as a member, I suppose it really isn't necessary to pierce the corporate shield.

You are correct.