Legal Question in Civil Litigation in Georgia

Small claims court LLC/myself named

We have a small LLC in service related business. LLC was served papers with my name included as defendant with LLC. I'm supposed to be protected by the LLC and need to know how to present the facts to remove my name from defendant and leave LLC as it should be. Thanks.


Asked on 3/27/08, 4:55 pm

3 Answers from Attorneys

Alan Cleveland Alexander & Cleveland, LLC

Re: Small claims court LLC/myself named

Whether or not you should be a party is fact specific and depends in large part on what the allegations of the plaintiff are. It would probably be worth it to you to pay an attornmey for a few hours of their time to review the complaint and give you some advice. Also, many of the metro Atlanta Magistrate courts have websites with lots of information on how to proceed in these type cases.Gwinnett County's Magistrate Court has an excellent website that provides much information for the layman on how to proceed and what type of evidence you must present to prevail in your case. Good Luck!

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Answered on 3/28/08, 8:11 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Small claims court LLC/myself named

Depending on the claims of the plaintiff, you might be able to get yourself dismissed from the lawsuit. However, it is not something as simple as just telling the court that you are an owner. You will need to have an attorney review the complaint.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 3/27/08, 5:02 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Small claims court LLC/myself named

In addition to the other response, the LLC form does not protect members or other individuals from everything. How you "present facts" depends in large part on the claims made by the plaintiff, none of which you mentioned. See a lawyer to handle the case, since this is but the first of many issues.

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Answered on 3/27/08, 5:41 pm


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