QUESTION

Can you take an LLC to small claims court if they are no longer in business? Can I sue the former owners?

Asked on Sep 10th, 2011 on Business Law - Florida
More details to this question:
Business was located in Florida. It was a lawn and landscaping business. I had plants installed and 5 months later 2 died. i emiled them and while they were still in business they said they would refund. Can anything be done?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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As a practical matter, no. While it is possible that you could obtain a judgment against the defunct business, you will be in a position of trying to get blood from a stone. And "piercing the corporate veil" to seek recovery from the owners requires showing a different set of facts, which you have not begun to suggest. For the value of a couple of plants, it's probably not worth it.
Answered on Sep 11th, 2011 at 6:27 AM

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