If An Llc Dissolves And Transfers All Assets To A New Llc, Can The Dissolved Llc Still Be Sued And Pay Out Any Award If They Lose?
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My husband and I hired a small LLC cabinet company (located in Washington state) to make custom cabinets for our home remodel last year. At some point during the project, their skilled cabinet maker left the company (which we did not know about until months later because they hadn't been upfront about it), so one of the other owners who is a woodworker (not skilled in cabinet making) took over but did a poor job of finishing the project. We had them try to fix the problems but they ended up making it worse, so we found another company that could fix it and asked for some of our money back to cover the cost of the other company. At that point, they told us that they had dissolved their LLC "in debt with no remaining assets", so they could not give us any of our money back. I did some research and had found that they in fact did dissolve their LLC, but it had happened two months prior to them telling us. Looking at our legal options, we decided not to pursue a lawsuit at that time because even if we won, they would not be able to pay us any award and we would still be out our legal fees. Fast forward to today, I find out that they had set up a new LLC cabinet company under a different name the very same day they dissolved the other LLC. Assuming that they transferred their assets (CNC machine and other equipment) to the new LLC, could we actually file a lawsuit and be able to get money out of them if we won?
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