can my LLC be sued after its been dissolved in south carolina?
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can my LLC be sued after its been dissolved in south carolina?
i dissolved my construction company LLC one year ago. can my clients still sue
me? the llc was in south carolina
Asked on November 4, 2017 under Business Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, they cannot *unless*--
1) Anything you personally guaranteed (e.g. if you guaranteed a loan or contractual obligations) you can be sued for;
2) You can be sued for things you *personally* did wrong--e.g. if a client accuses *you* of pocketing or stealing their money;
3) If they can "pierce the corporate veil" and show that the LLC had no independent existence but rather was just your alter ego (e.g. you commingled personal and LLC funds; the LLC did things for your benefit which were against its own interests, since even single-owner LLCs are expected to run as if the LLC and owner are separate people), they can hold you personally liable. (Even though your business was an LLC, not corporation, this doctorine developed in connection with corporations, which are an older form of business, which is why it is called piercing the *corporate* veil.)
So they need to be able to have one of a limited reasons to attach personal liabilty to you. If they can't do so for one of the reasons set out above, they could not sue you personally, only your LLC--but your LLC does not exist, and so therefore may not be sued.
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