Corporate Law Suing a llc

[kiera]

Hi had previous boyfriend that owned a "masonry company. LLC". He poured a basement for me just before "going out of business" (he never formally closed the llc). He wrote me a bid on the company letterhead and I wrote the check to "masonry company". Now I find that he stated on the bill 144 linear feet of wall and there is only 116 feet and I called the concrete place and this is all he ordered so he was aware of the descrepancy. The walls also tilt and there is not proper footings under them. I continued to see him for a time after he "closed" his business and he admitted to some of these defects and kept saying he would fix them. Can I sue him directly along with the LLC (he is driving truck now). How can I collect anything from this con man???

Because there is such a big difference between what he said he was delivering 144 feet and what there is 116 feet (besides the quality issues) does this constitute fraud.

This will cost me alot of money to fix ..... please help

ps I live in wisconsin

thanks Kiera

 

[charlesesq]

Hi had previous boyfriend that owned a "masonry company. LLC". He poured a basement for me just before "going out of business" (he never formally closed the llc). He wrote me a bid on the company letterhead and I wrote the check to "masonry company". Now I find that he stated on the bill 144 linear feet of wall and there is only 116 feet and I called the concrete place and this is all he ordered so he was aware of the descrepancy. The walls also tilt and there is not proper footings under them. I continued to see him for a time after he "closed" his business and he admitted to some of these defects and kept saying he would fix them. Can I sue him directly along with the LLC (he is driving truck now). How can I collect anything from this con man???

Because there is such a big difference between what he said he was delivering 144 feet and what there is 116 feet (besides the quality issues) does this constitute fraud.

How much money are you talking about? If less than $5,000 than small claims court might be the best place to go. I would sue him directly and also the company. He'll have to show either way and the judge can decide how liability will fall. First of all, if it can be shown that this person used the company as his "alter ego", e.g. that he didn't keep it separate from his own personal assets, bank accounts, etc., then you can "pierce the corporate veil" which is the shield that business owners get in running businesses. You can't create a corporation as a shield for liability if you don't treat it as a "separate person" and use it only as a ruse to prevent yourself from personal liability. I would also make the claim of fraud as well. But an issue against you is whether you really knew all about this -- didn't you see that he short changed you? How long ago did this occur? The fact that you actually continued to see this guy would seem to work against you for the obvious reasons. Some might see this as a case of "sour grapes" after a relationship breakup.