Q: Can an LLC member sue personally against a 3rd party doing business with the LLC {not on behalf of llc}?
LLC member had special payments due not due to other members from the 3rd party contract
A: It would seem that if the third party was doing business with an LLC member in a capacity outside of the LLC, a lawsuit would be by the LLC member personally. There may be a duty on the part of the person suing to have given the business opportunity to the LLC, but that issue would depend upon the particular facts involved. You say that the third party was doing business with the LLC. Was the third party also doing business with the individual member, not in his capacity as an LLC member?
A: It depends upon several factors. I agree with Attorney Siegal's response. Just need more information to be able to respond. Either way, I suggest that you speak with a lawyer in your area to get specific advise about this case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
