Legal Question in Business Law in New Mexico

Hello. This regards a breach of contract between myself and an LLC in Albuquerque. I had a contract with them to consign some items. My items were sold and I received a check. Before I could deposit the check, I received an email from one of the two principals, stating that the business was closing , and the website, email addreses and bank account would all be closed within a few days (or maybe it was just one day...) This email also stated that a new check would be issued on the principal's personal account.

This check has not arrived, and repeated phone and email requests have gone mostly unanswered. It has been 8 months.

It's possible the LLC is not legitimate, (or whatever the term is.) I don't think the principals completed the necassary filings, as they were only in business 6 months. I haven't sent a demand letter yet.

Questions: There are two partners, but the LLC has only a single address. I have reason to believe that one partner is not aware that I have not been paid.

Should I send two demand letters, one to each partner? How should I bring the suit? Against the LLC? The individuals?

Thanks! I appreciate any help you can offer.


Asked on 9/09/09, 5:15 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Send a notice of dishonor of the instrument to both members of the LLC. A dishonored check is also a criminal offense. If the bill is due, you may consider bringing suit in the small claims court.

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Answered on 9/14/09, 8:20 pm


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