can making my bussiness an LLC protect me (personaly) from a lawsuit.

my business is a soleproprietorship and a year ago we received a letter with the intent to take us to court, it really didn't have any real validity to it and after initial contact we never heard back from them until now. Over a year later they once again contacted us. Our bussiness is not big so I feel they will have to come after me personally and my family to get any money, so I was thinking what if I make my co. an LLC that means that they can't sue me just the company right? So will it be valid if I start the LLC now before we go to court but the event in question happen two years ago.
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Answers (1)

Robert John Murillo

Robert John Murillo

Contributor Level 7
Unfortunately, it is too late now to get an entity (LLC, corporation, so on). If you were a sole proprietor at the time that the claims arose, then they will sue you personally and all your personal assets are at risk as limited by your state’s exemptions.

You should contact an attorney immediately for defense to the suit and establish an entity as soon as possible for future asset protection.

DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.
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