Corporate Law Suing an LLC

[Integr8r4u]

I have recently recieved a Default Judgement against my former employer for unpaid wages in which I had to file a civil suit against the company (an LLC) to collect. I had to file a civil suit due to the amount owed, as it was beyond the limits to go through the Labor Board for collection(s). Through my own personal investigating, I have found out that the company has been dormant (not doing any business, yet still exists). I have read the general "perks" to an LLC, as far as liabilities to it's member(s), and the limitations in which the member(s) personal assets are shielded for collection(s) from CREDITORS. I understand that some of the members personal assets may be in jepardy for collection(s) to which they may have signed some kind of "personal guarantee" (i.e. lines of credit). As an employee of this comany, I feel that there was a personal guarantee of my wages being paid when due. Is this Judgement I was awarded something they could potentially ignore and possibly later file into bankruptcy, or can I further my efforts with a Debtor's Exam and possibly a Writ of Execution against the member(s) assets?

 

[charlesesq]

I'm very sorry to hear about your problem. My understanding is that a personal guarantee means that you have been personally guaranteed in your employment contract that your wages would be so covered. You may also have some priorities when it comes to paying out whatever money might be paid out to creditors.

I certainly understand your feelings though and at times feel like a corporate entity can be used in a reckless manner that can change the lives of many of the smaller people. Look at it this way -- at least it wasn't your life savings dumped into an employee plan at Enron... I hope you can recover some of this money and wish you luck.

I have recently recieved a Default Judgement against my former employer for unpaid wages in which I had to file a civil suit against the company (an LLC) to collect. I had to file a civil suit due to the amount owed, as it was beyond the limits to go through the Labor Board for collection(s). Through my own personal investigating, I have found out that the company has been dormant (not doing any business, yet still exists). I have read the general "perks" to an LLC, as far as liabilities to it's member(s), and the limitations in which the member(s) personal assets are shielded for collection(s) from CREDITORS. I understand that some of the members personal assets may be in jepardy for collection(s) to which they may have signed some kind of "personal guarantee" (i.e. lines of credit). As an employee of this comany, I feel that there was a personal guarantee of my wages being paid when due. Is this Judgement I was awarded something they could potentially ignore and possibly later file into bankruptcy, or can I further my efforts with a Debtor's Exam and possibly a Writ of Execution against the member(s) assets?