small claims againist an LLC in Arizona

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sideskier

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Hello and Thank You in advance for your advice,

Short synopsis:
Small claim suit filed against an Arizona LLC for failure to repay security deposit.
Case won by plaintiff.
Attempted collection of case debt: so far unsuccessful and any guidance would be greatly appreciated.

Story in detail:
My previous landlord did not pay back agreed upon security deposit upon lease termination so I filed a suit in small claims for the maximum in Arizona ($2,500+court fees) and won the case by default as the company failed to respond to anything. Where I start to have questions is about the possibility/best way to collect payment from the company given it's an LLC. The defendant has been served but I don't think they will show up to the court date for the judgement debtors exam.

I run into problems with this because I have no proof of any assets for writ of garnishment and they know this, so I cannot see the point of them showing up to court. When I spoke to a judge, she said there was not really anything I could do because they were a LLC. I have seen on webpages that sometimes action can be taken against the statutory agent, i.e a civil arrest warrant.

This is where I have questions:

What are the possible outcomes when suing a LLC if the defendants never respond to the case?

I would also be very interested if people have similar stories in Arizona and how they were taken care of.

Thank you for all of your help.
 
You have the remedies of attachment, garnishment or replevin in Arizona to satisfy a judgment. (See Ch 14, ARS for details)
Arizona Revised Statutes §12-1530 Levy of writ; attachment of real or personal property sets forth the process and protocol to accomplish the writ.
http://law.justia.com/arizona/codes/title12/01530.html
The rest is up to you, my friend.
I've pointed you in the right direction.
As one of my old law school professors used to say, "The rest is research, lots of research."

Or, you could hire a lawyer to assist you in the matter.
Or, you could contact a law school legal clinic and some bright, eager, L1 or L2 might even lay it out step by step for you.

Do these things correctly, and the judge will be glad to issue the writ.
Then you get the sheriff to serve the corporation, by attaching one of their assets.

Doris Day had a dilemma similar to yours in the movie, "It Happened to Jane".

In court, Jane wins her case, but Malone's lawyers warn that they will appeal the case in a higher court. Firstly, Jane gets a Writ of Execution against the railroad, and seizes Old 97. This starts a war between small-town businesswoman, Jane Osgood with her one lawyer and corporate executive, Harry Malone and his 25 lawyers. After local newspaper woman/switchboard operator, Matilda Runyon (Mary Wickes) tips off the New York papers that Jane has one of Malone's trains, the story goes national. One reporter, Larry Hall (Steve Forrest) decides to write a human-interest story on Jane, but begins to fall in love with the attractive local. As a result of the publicity, orders for lobsters pour in but the good news doesn't last long. Malone fights back by demanding rent for the tracks that Old 97 sits on, $1.00 per foot, or $230 by the next day. To pay Malone, Hall suggests that Jane accept the many offers to appear on TV, and at the same time, give Malone a dose of his own medicine, publicly, on national television.
It only gets worse for Doris, before it gets better.
Prevailing in a case, getting a judgment are easy compared to actually getting the specified relief.
Just ask any custodial parent that expects to get child support payments from an ex-spouse.
Good luck!
 
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