owed money by plc/ltd company

[c00lbond]

Limited liability has the effect that you cannot sue the individual who wrote the cheque, but you are perfectly entitled to sue the company in question.

You would sue on the back of the cheque, and since it would be for a liquidated sum the process would not take long at all.

As the case would be in the District Court the cost of this should not be too much.

There would also be a good chance that the initial letter from your solicitor demanding payment within 7 days would cause them to pay you to avoid the expense of having to deal with a court appearance, interest and judgment.

unfortunately there was no response to the initial letter my solicitor sent to him ,and the company was in his name and the owner presented me the cheque (e'g) joe smith of joe smith motors presented me the cheque which stated joe smith motors ltd on it,so would i basically be suing the company and not the individual?and im wondering if he has any valid argument/defence against me or could there be any good reason for me to lose the case

 

[bond-007]

You have to sue Joe Smith Ltd and not Joe Smith the person. If you sue the person he has an absolute defence in that he does not owe the money.

 

[lawdable]

Sue the limited company on the back of the cheque.

And consider using a different solicitor.