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Dealership rip-off - May 14, 2008 update - PAGE 22

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Old 05-30-2007, 03:14 PM
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He threatened to sue me for "misrepresenting information" I told NBC. So basically slander, which is a very good reason...

IF I LIED. lol
Old 05-30-2007, 07:42 PM
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I just did some research, and am filing a suit against him tomorrow. I found out more info on collecting payments, and putting leins on his property. I have a feeling that is what will end up happening. I wonder if he'll pay me after that.

I also found that small claims cases include everything except libel and slander (which was news to me, maybe it'* a state-to-state thing?), so he couldn't even take me to SC court anyway. lol
Old 05-30-2007, 08:53 PM
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Originally Posted by bonnie94ssei
I just did some research, and am filing a suit against him tomorrow. I found out more info on collecting payments, and putting leins on his property. I have a feeling that is what will end up happening. I wonder if he'll pay me after that.

I also found that small claims cases include everything except libel and slander (which was news to me, maybe it'* a state-to-state thing?), so he couldn't even take me to SC court anyway. lol
Not that u need luck but... Good luck!
Old 05-30-2007, 08:54 PM
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Hammer time.
Old 05-30-2007, 09:03 PM
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Question on filling out the form:

I am suing Dave Taylor, but technically his BUSINESS (Bernardo Motors, LLC), and there is a box I need to check for either individual, LLC, partnership, or corporation.

Should I list his name AND business name in the defendant box, but check the 'LLC' box?

I may just fill this out at the court so I don't make any mistakes. :? Though I'm probably just worrying over nothing.
Old 05-30-2007, 09:31 PM
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LLC means limited liability company, Basically you can sue the company not him.

Limited liability - the owners of the LLC, called "members," are protected from liability for acts and debts of the LLC.

The primary advantage of a limited liability company is limiting the liability of its members. Unless they personally guarantee them, the members are not liable for the debts and obligations of the limited liability company. In a partnership or sole proprietorship, creditors may seize personal assets of the participants to pay debts of the business. The Limited Liability Company is a powerful entity to protect assets from the threat of lawsuits and claims.
Old 05-30-2007, 09:38 PM
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If he was smart he would have a few different LLC to seperate his assets so if you sue one you can only take whats in that LLC. Anyways a lien on his house is very unlikely. But I hope you do fry this guy
Old 05-30-2007, 09:38 PM
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I knew about the Limited Liability Company part. I guess I'll just check the LLC box. I wasn't familiar with how "limited" an LLC'* liability is, but I know they can be sued, and he does owe me. His contract stated he'* responsible, plus he said he'd reimburse me on camera.
Old 05-30-2007, 09:40 PM
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Oh I believe you can sue the hell out of him, but it will be hard to get to his personal property. =/
Old 05-30-2007, 09:46 PM
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Yeah, I'm still confused on exactly how liable the members of an LLC are. Obviously he'* respsonsible for my car while in his possession and he is in debt to me. I know I will win a court case.

As far as personal property though...I would not be able to have a lein placed on his business if he doesn't pay me after a court judgement?

As long as there are steps I can take that will get me my money after I win. Unless he does actually pay me. But if he doesn't, which I think he won't, I'd like to be able to pursue it further.


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