Legal Question in Civil Litigation in Florida

I want to make sure I file my suite appropriately as even the $300 filing fee is more than I can afford.

A client failed to pay $6,600 for services rendered (video production). He's a 30% owner in a two person LLC that the work was done for and would probably be dissolved if I filed the suite against it.

It's been my understanding from the beginning that his 70% partner was financing the project, however, the 30% owner stated he paid the second payment (this was a four payment agreement) out of his own pocket. Had I known this at the time I would have frozen the project. Mr. 30% also refused to stop using the video after failing to complete our payment agreement.

My interaction with the LLC has been almost entirely with Mr. 30%, at no point was money ever discussed with Mr. 70%. What would happen, if posssible, if I put both Mr. 30% as a person, and his LLC on the lawsuite (I understand there'd be an additional fee)? Or can/should I just file against him alone?

Also, could I do the same with Mr. 70%?

And, is it possible for me to independently obtain any information as to the dynamics of their LLC?

Thank you for being involved in a site like this, it's EXTREMELY meaningful to us little guys!!

gabe


Asked on 1/29/16, 8:15 am

2 Answers from Attorneys

Scott Behren Behren Law Firm

Do you have a contract or agreement with the LLC or the guys? Feel free to email to discuss further.

Scott Behren

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Answered on 1/29/16, 8:34 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to discus this case with an attorney. You need to spend the money to make sure what you are doing is legally possible. The attorney needs to review your actual paperwork. Unless you have an agreement with the individual you are likely limited to a claim against the LLC notwithstanding who owns what share.

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Answered on 1/29/16, 12:55 pm


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