When an limited liability company (LLC) is dissolved, the members and managers can still be on the hook for liabilities of the company. However, Washington law allows the LLC to force the issue with known creditors. First, the LLC has to file a Certificate of Dissolution with the Secretary of State. Then, it has to follow this procedure, which is set out in RCW 25.15.301:
(2) A dissolved limited liability company may notify its known claimants of the dissolution in a record. The notice must:
(a) Specify the information required to be included in a known claim;
(b) Provide a mailing address to which the known claim must be sent;
(c) State the deadline for receipt of the known claim, which may not be fewer than one hundred twenty days after the date the notice is received by the claimant; and
(d) State that the known claim will be barred if not received by the deadline.
(3) A known claim against a dissolved limited liability company is barred if the requirements of subsection (2) of this section are met and:
(a) The known claim is not received by the specified deadline; or
(b) In the case of a known claim that is timely received but rejected by the dissolved limited liability company, the claimant does not commence an action to enforce the known claim against the limited liability company within ninety days after the receipt of the notice of rejection.
This will force the creditor to put up or shut up. It's a risky move, but this might be a way to thwart off pesky collection agencies who seem to never go away, and this could be a better option than bankruptcy. Be sure to talk this over with your lawyer first.
Contact Mark D. Walters