How should I respond to a demand letter that had no documentation backing the claim of $175,000 by a member of the LLC who is not a manager. The member was not authorized to spend money on the companies behalf from any of the managing partners
3 Answers from Attorneys
Your question is not entirely clear to me. Please contact me ASAP so that we may discuss the details and explore your options in a free, initial telephone conference. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.
IMMEDIATELY contact your lawyer. This is not something you should try to handle on your own.
There are a lot of possibilities here and your question does not contain all the facts. There is also the danger that the information that you provide to the other party may harm you in the long run. The manager of the LLC should consult with a business lawyer to determine how best to respond. At issue is (1) whether the debt is valid against the LLC and (2) whether the unruly member can be held responsible to the LLC if it is. There is not just one interest or legal principle here.
I handle matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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