[WSBARP] Dissolved LLC and Power to Evict

[Inge Fordham]

A dissolved LLC can sue and be sued for three years following the filing of a certificate of dissolution.  See RCW 25.15.297(1)(a) and RCW 25.15.309.  See also Chadwick Farms and Emily Lane.

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <pneumiller at hotmail.com>
Date: Monday, July 24, 2023 at 12:14 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Dissolved LLC and Power to Evict
Cutting to the Chase:  Can an administratively dissolved WA LLC use the court system to eject squatters from real property it has under contract to sell as part of its “winding up” actions under RCW 25.15.297?  Background: LLC was administratively dissolved last year by WA Secretary of State.  Managing Members now selling last piece of vacant property and discovers a homeless encampment.  Removing encampment is now a condition of closing escrow for sale of vacant property.  Is bringing a lawsuit for a Writ of Ejectment a valid “winding up” activity for a dissolved LLC?  (Or, do I have to reinstate the LLC to be in good standing to use the WA courts?) I can’t find any cases or law on this question.


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