Business Litigation
Sued by Payroll, LLC?
Payroll, LLC has filed lawsuits against businesses across the country involving Employee Retention Credit agreements, contingency fees, retainers, and related contract claims. If your company has been served or threatened with legal action, prompt legal review matters.
Strategic business litigation counsel for complex contract disputes.
First Steps
What to Do After Receiving a Payroll, LLC Lawsuit
If your business has been served, the clock is already running. These four steps protect your position before anyone evaluates the merits.
Do not ignore the complaint or the court deadline
A response deadline runs from service, and it is set by the court and the applicable rules rather than by the party suing you. Missing it can lead to a default judgment entered without your side being heard. Treat the papers as time sensitive from the day they arrive.
Preserve your documents
Keep the ERC agreement and any amendments, invoices and statements, the full email and text history, engagement or fee correspondence, filings and payroll records, and anything showing what was requested and what was supplied. Preserve records in the form you hold them and do not delete or overwrite files.
Do not make admissions or negotiate before counsel reviews the documents
Calls, emails and informal settlement talk can affect your position later. Say nothing about the merits and agree to nothing until a lawyer has read the agreement and the complaint.
Have counsel evaluate the case
A first review looks at jurisdiction and venue, how the agreement was formed and what it obligates each side to do, the fees and amounts claimed, what was performed, and the defenses and procedural options available on your facts.
The Complaint
What Payroll, LLC May Be Claiming
Complaints vary. The claims below appear in this type of contract litigation, and which ones are pleaded against your business depends on the agreement you signed and the facts of your matter.
Breach of contract
An allegation that the business did not perform an obligation under the ERC agreement, most often payment of a fee said to be due under its terms.
Unpaid contingency fees
A claim for a percentage of an Employee Retention Credit said to have been claimed, approved or received, calculated the way the agreement defines it.
Previously waived retainers
A claim that a retainer waived or deferred at signing became payable later, usually on the theory that the waiver was conditional and the condition failed.
Quantum meruit
A claim for the reasonable value of services performed, pleaded as an alternative when the enforceability or reach of the written agreement is in question.
Unjust enrichment
A claim that the business retained a benefit it would be inequitable to keep without paying for it. Like quantum meruit, it is typically pleaded in the alternative to the contract claim.
Interest, attorney fees, and costs
Amounts sought on top of the principal claim. Whether any of them are recoverable depends on the contract language and on the law the court applies.
Every case turns on its own agreement and its own facts. The presence of a claim in a complaint is an allegation, not a finding, and nothing on this page predicts how any particular claim will be resolved.
Early Case Assessment
Questions That May Shape Your Defense
Early case assessment starts with questions, not conclusions. These are the lines of inquiry a business litigator works through when reviewing an ERC agreement and a complaint built on it.
Was the agreement properly formed and enforceable?
Who signed, with what authority, on what terms, and whether the document says what the claim assumes it says.
Did Payroll, LLC perform the contracted services?
What the agreement obligated it to do, and what the record shows it did.
Were required documents requested and supplied?
Whether either side triggered or satisfied a condition tied to the exchange of records.
Did the business receive ERC funds?
Whether a credit was claimed, approved, paid, reduced or denied, and how the agreement defines the amount a fee is measured against.
Is the claimed contingency fee or retainer due?
How the fee is calculated under the agreement, and whether the event that makes it payable has occurred.
Are jurisdiction and venue proper?
Whether the chosen court can hear the case against your business and whether a forum clause governs.
What defenses does the record support?
Performance, causation, waiver, damages and contract interpretation are among the areas examined on the facts of the file.
What deadlines, procedural options or counterclaims apply?
Response deadlines, motion practice, potential counterclaims, and whether a negotiated resolution is worth pursuing.
This page provides general information about a category of litigation. It is not a legal opinion about any specific case, and reading it does not create an attorney client relationship. Whether any question above matters to your matter depends on your agreement, your records and the court involved.
Context
This Is Not an Isolated Filing
Businesses receiving these papers often assume they have been singled out. The public record shows a pattern of filings rather than a one off dispute, which is worth knowing when you decide how seriously to treat the deadline in front of you.
Based on a compilation of publicly available Broward County court records through September 9, 2026. Court records and case statuses may change.
The volume of filings says nothing about the merits of any individual case, including yours. It is context for the deadline, not a prediction of any result.
Why Pomeranz Law
Strategic Counsel for Business-Critical Litigation
Business litigation experience
Pomeranz Law represents businesses in contract and commercial disputes, on both sides of the caption.
Contract dispute strategy
The agreement is the center of a case like this one. Reading it closely, against the record of what each side did, is where the strategy comes from.
Early case assessment
Knowing where a matter is likely to go, and what it is likely to cost to get there, changes the decisions a business owner makes in the first weeks.
Practical risk analysis
Exposure, timeline and disruption weighed against the cost of the fight, so the legal decision and the business decision are made together.
Litigation and negotiated resolution
Some matters are tried and some are resolved. The response strategy is chosen on the facts, not on a default preference.
Clear communication with business owners
Plain explanations of what has been filed, what happens next, and what is being asked of you.
The Process
What Happens Next
Tell us what happened
Send your contact information and a short description of what your business received.
We review the complaint, agreement and deadlines
The documents drive the assessment.
We identify the strongest available response strategy
Chosen on your facts, with the options explained in plain terms.
Common Questions
Frequently Asked Questions
What should I do if Payroll, LLC sued my business?
Treat it as time sensitive. Preserve the ERC agreement, invoices, tax records and all related correspondence, avoid discussing the merits or negotiating before counsel has reviewed the file, and have a lawyer evaluate the complaint and the deadline right away. Do not wait to see whether the matter goes away on its own.
How long do I have to respond to the lawsuit?
There is no single answer, and you should not rely on a number you read online. The deadline depends on how and when you were served, the court and jurisdiction, the type of case, and the rules that apply to it. Because missing it can result in a default judgment, get legal advice immediately rather than estimating.
What documents should I provide for review?
The ERC agreement and any amendments, the complaint and everything served with it, invoices and payment records, the email and text history with the other side, records of what was requested and what you supplied, and documentation of any credit claimed, approved, received, reduced or denied. Send what you have. Gaps can be addressed later.
Can Payroll, LLC recover a waived retainer?
It depends on what the agreement says. Some agreements waive a retainer outright and some waive it conditionally, so that it becomes payable if a stated condition is not met. Whether a claim like that succeeds turns on the contract language and on the facts of what each side did. No general answer applies to every agreement.
What if my company never received ERC funds?
That fact can matter, and how much it matters depends on the agreement. Some agreements measure a fee against a credit received, others against a credit claimed or approved, and the difference can be central to what is owed. It may also bear on damages and causation. Bring it to the attention of counsel early with the records that support it.
Can the lawsuit be dismissed?
Sometimes there are grounds to seek dismissal, on jurisdiction, venue, the sufficiency of the pleading, a limitations period or another basis. Many cases do not have those grounds and proceed. Nobody can tell you whether your case can be dismissed without reading the complaint and the agreement, and no lawyer can promise that outcome.
Does Pomeranz Law represent businesses outside Florida?
Pomeranz Law is a Florida firm. Whether the firm can represent a business located outside Florida depends on where the case was filed and on the rules of that court, which may involve local counsel or admission for the specific matter. If you were sued outside Florida, contact the firm and it will tell you directly whether it can help.
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Request a Review
Protect Your Business Before the Next Deadline
If Payroll, LLC has sued your company or demanded payment under an ERC agreement, send us your contact information so the firm can evaluate the next step.
Please do not send confidential or sensitive information through this form. Submitting it does not create an attorney client relationship and does not make the firm your counsel.
Legal Notice
The information on this page is provided for general informational purposes only and is not legal advice. It is not a legal opinion about any specific matter, and no page on this website addresses the facts of your case.
Viewing this page, contacting the firm, or submitting the form on this page does not create an attorney client relationship. An attorney client relationship is formed only when the firm and the client sign a written engagement agreement.
Please do not send confidential or sensitive information to the firm until it has confirmed in writing that it represents you.
Every case is different and results depend on the specific facts, the agreement and the court involved. Prior results do not guarantee or predict a similar outcome in any other matter.
Payroll, LLC is named on this page because it is the plaintiff identified in publicly filed lawsuits. Pomeranz Law does not represent, and does not state that it represents, any party identified in those filings.
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