More details to this question:
I am an investor in an LLC based out of Branson, MO -we are a small touring cast that performs shows for WWII vets at theaters around the country. The cast was booked for dates at a theater (which is a non-profit) in Wilmington, DE. The contract stated that 100% of the monies were due the company if the theater canceled the dates within 90 days of the dates of performance. They were also expected to provide marketing for the dates, per the contract. The theater not only did a poor job of marketing the show, which then required the producer to invest more money to market the show, but then the theater canceled the show dates 10 days before the dates of performance. The theater had paid only 50% of the contract, and is now refusing to pay the other 50%, despite the contract, which is $8500 (+ add’l expenses out of pocket by the producer). The cast was already on their way from Branson, MO. 1. Can I go to small claims court as the rep of the LLC? 2. Can we sue a non-profit in SCC?
1 ANSWER
You should call the clerk of the small claims court to ask these questions, because small claims court rules are sometimes different. The first thing you should ask is whether you can sue the Delaware theater in Branson small claims court because (even assuming that you would have jurisdiction in a Missouri court of general jurisdiction, which is not certain) small claims courts often have limited jurisdictions where you can't sue someone from out of state. Also, the small claims court may not handle claims as large as $8,500. Also, in general, an llc is a separate legal entity, so you would not be representing yourself, and therefore you can't represent the llc unless you are an attorney. I think you can sue a non-profit in small claims court, but again the clerk can tell you definitely.
Answered on Dec 19th, 2018 at 12:34 PM