Location: Utah County
So our cabinet guy after many communication attempts only installed half of the lowers (with no doors or drawers) and informed us he would be going bankrupt and not finishing the job. We paid him a deposit of 9K to buy premade cabinets, finish them and install them, then we were going to pay him the remaining 4K. He told us the cabinets were late, and said he could build them instead. We said that was fine. He only installed half of the lowers then after many communication attempts finally said he was not going to finish as he was going bankrupt. My guess is he never purchased the cabinets and thought he could make them cheaper. He used our deposit for something else then didn’t finish the job. So should we be suing his buisiness (llc) him, or both? I know an LLC is technically separate from the owner, meaning he shouldnt be personally responsible, but my guess is he used the deposit for personal finances as he mentioned he would be losing his house. I also know he probably wont give us much money but it would be nice to get some of it back if we can. We are suing in small claims court for the deposit plus damages for all the delays he has caused.
Comments
You’re looking at piercing the corporate veil to hold him financially responsible. That’s beyond free internet advice to see if you can.
That said, with a company going bankrupt and a guy in such poor financial position that he’s losing his home likely means you won’t see money even if you win.
The LLC probably was required to have some sort of professional/business insurance policy in order to get a business license from the state. Sue both, together. But what you really want to get at is the LLC’s insurance policy.
Blood from a stone, etc etc. Good luck getting your money. You should absolutely take this to court though imo.
Are you sure the guy actually has a LLC?
Go to your states dept of commerce website and search for the business. You might get lucky and discover it has been dissolved for a long time or never existed.
Worth a check, its free.
If u paid thru a card, contact ur bank and let them know and file a charge back for fraud.