can my LLC be sued after its been dissolved in south carolina?

UPDATED: Nov 4, 2017

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can my LLC be sued after its been dissolved in south carolina?

i dissolved my construction company LLC one year ago. can my clients still sue
me? the llc was in south carolina

Asked on November 4, 2017 under Business Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they cannot *unless*--
1) Anything you personally guaranteed (e.g. if you guaranteed a loan or contractual obligations) you can be sued for;
2) You can be sued for things you *personally* did wrong--e.g. if a client accuses *you* of pocketing or stealing their money; 
3) If they can "pierce the corporate veil" and show that the LLC had no independent existence but rather was just your alter ego (e.g. you commingled personal and LLC funds; the LLC did things for your benefit which were against its own interests, since even single-owner LLCs are expected to run as if the LLC and owner are separate people), they can hold you personally liable. (Even though your business was an LLC, not corporation, this doctorine developed in connection with corporations, which are an older form of business, which is why it is called piercing the *corporate* veil.)
So they need to be able to have one of a limited reasons to attach personal liabilty to you. If they can't do so for one of the reasons set out above, they could not sue you personally, only your LLC--but your LLC does not exist, and so therefore may not be sued.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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