Mount Holly, NJ asked in Civil Litigation for New Jersey

Q: I’m being sued personally when I worked under an llc

I was hired 3 separate times by 1 client. The 3rd job was taking longer than expected due to other jobs and the client went to social media and wrote bad reviews on every site possible. The clients father contacted me and agreed that she would remove the reviews if I came back and finished the work. I went back and completed more work but the posts were never deleted, so I stopped showing up. Now she’s suing me for 20,000. The only parts of the job that were finished totaled around $3-$4,000. But she also had a balance left of $4000. Wondering if she’s able to personally sue me if I was working under my LLC and what the best course of action is moving forward.

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Yes, unless you have a 3 member LLC, this person is going to sue you personally because to be a legitimate LLC in New Jersey, you must have 3 members and file the right corporate formalities, otherwise, an LLC is not worth the paper it is printed on. She is probably also suing you based on the NJ Home Improvement Contractor Act, the NJ Statute of Frauds and the NJ Consumer Fraud Act, which provides for triple damages plus attorney fees. You need to retain an experienced civil litigation attorney to defend you. Expect to pay the attorney a $300.00 consultation fee to review all the legal pleadings and obtain all the facts and quote you a retainer amount. . Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

H. Scott Aalsberg agrees with this answer

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