Phoenix, AZ asked in Bankruptcy, Civil Litigation, Collections and Probate for Arizona

Q: Is it possible to "Pierce the Vail of an LLC" that has an Invalid LLC address?

I won a judgment against a Defendant that has transferred all of their assets into an LLC they have never used until my lawsuit. The LLC was created in 2019 at a rented space for one year, but never actually used. The Defendant moved out of that location and never found another. The Defendant has never conducted a change of address with the Arizona Corporation Commision. The address is invalid and has been since October 2020.

The LLC Statement of Change of Principle Address or Statutory Agent (Instructions L020i) Number 3.2 states: LLC are required to maintain a statutory agent at a valid address in the records of the Arizona Corporation Commission at all times, and failure to do so will subject the LLC to being Administratively dissolved or revoked. (A.R.S. 29-3708, A.R.S. 29-3910 foreign LLCs.)

Do I contact the owner of the building they previously setup operation to get proof of time frame at location? Or should mail something there and see if it comes back as undeliverable?

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Probably not bc of an incorrect address although your description of the chain of events might give rise to setting aside all those asset transfers as fraudulent.

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