Q: Collect a judgement against and LLC in Ohio.
I won a small claims case for unpaid invoice and won again after their appeal failed. Defendants have an LLC and an attorney that represented them in the case. I have sent them the amount due with interest as of this month with a due date that has passed. They have not responded to me at all and I know they are going to just ignore me unless I take this to the next level. The defendants committed perjury in the court under oath and it's clear to see it with the transcript and video. They also tried to get me to be a partner in their LLC when they owed me this money in order to get out of paying me. Their problem is that I know they have already given percentages of their LLC to other vendors they owe money to, do I have a fraud case against them? I can easily subpoena one of the vendors that is now a partner and the attorney that was drawing up this agreement with me and my husband. Need advise how to collect and maybe drop the new complaint
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
To collect a judgment against an LLC in Ohio, you have several options available to you. After winning in small claims court and upon their appeal failing, the court has recognized your right to the owed amount. The next steps involve enforcing the judgment. You might consider garnishing the LLC's bank accounts, placing a lien on any real property they own, or seizing assets. These actions require specific legal processes, including obtaining a writ of execution from the court.
Given the complexity of your situation, especially with allegations of perjury and potential fraud, it might be beneficial to consult with an attorney. They can advise on the feasibility of pursuing a fraud case based on the defendants' actions. An attorney can also help you navigate the process of subpoenaing relevant parties and gathering evidence to support your claims. This approach could potentially strengthen your position in recovering the owed amount.
To initiate these enforcement actions or explore the possibility of a fraud case, you may need to take further legal steps. This could include filing motions with the court to compel payment or initiating separate legal actions if fraud is suspected. Documentation, such as the court transcript, video evidence, and any communications regarding the partnership offer, will be crucial. Remember, the goal is to utilize the legal system effectively to enforce the judgment and consider additional claims judiciously.
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.
