Legal Question in Business Law in Virginia

Civil lawsuit involving L.L.C.

My husband used to own a construction company that was L.L.C. years ago. The company is now dissolved and no longer exists. We recently received a summons to court for a civil lawsuit not against the company but against my husband personally for ''repairs to a home purchases'' that the plantiff claims he did not do. Is this something that we have to worry about since she is suing us personally and it was run under a L.L.C. and since the company no longer exists does she have any basis for the suit?


Asked on 12/23/06, 1:18 pm

1 Answer from Attorneys
Wilfred Yeargan Yeargan Law Office

Re: Civil lawsuit involving L.L.C.

If the contract for the repairs states that the L.L.C. was the first party to the agreement, then your husband should not be personally liable for financial terms of the contract. However, the plaintiff may still sue under a theory of personal negligence against your husband for defects in construction. In Virginia you have 21 days to file an Answer and Grounds of Defense to a lawsuit. Make sure all possible affirmative defenses such as fraud, contractual mistake or statute of limitations are listed in your response. It is better to have a lawyer handle the case if possible to protect your husband's interests.

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Answered on 12/23/06, 1:30 pm


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