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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Hi can an LLC which is in forfieted status in MD conduct

Resolved Question:

Hi

can an LLC which is in forfieted status in MD conduct business? I think not but we have a forieted LLC filing a frivolous law suite agianst our company and its CEO. Whats our recource?
Submitted: 3 years ago.
Category: Business Law
Expert:  MShore Law replied 3 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Your recourse is to file a motion to dismiss claiming that by virtue of the forfeiture, the LLC no longer exists and therefore cannot be recognized by the court as a plaintiff. Please let me know if you have any follow up questions.
Customer: replied 3 years ago.

The LLC entered into an agreement with us in June of 2006. We now find out that they actually were formed in march of 2007 and then forfieted in Ocotober of 2010. Now they are attmepting to suit the company and the CEO for some frivolous claim SO not only they forfieted but they actually entered into an agreeement with us which was illegal.

 

How do I file this motion and can this be done without an attorney? Can they come back and just reinstate their LLC and try to suit us? Do we inform the other attorney before filing this motion or just file it?

 

Thanks

Said

Expert:  MShore Law replied 3 years ago.
It would be far better to file the motion through an attorney because to be the most compelling the motion should be supported by caselaw reference. They can reinstate the LLC to be recognized as a plaintiff, but this does not cure the voidable nature of the contract. You would just file the motion, there would be not need to inform opposing counsel before filing.
Customer: replied 3 years ago.

is this something you can do for us and if yes what would be the cost?

Also can you point us to some standard forms that we may be able to use for this purpose if we decide to do it ourselves.

Expert:  MShore Law replied 3 years ago.
Unfortunately not, per JA terms and conditions no attorney-client relationship can be created via JA. A motion would not be a form, it would have to be drafted. You should strongly consider retaining counsel, and your counsel can, upon receiving a judgment in your favor, request that the other party pay your attorney's fees.
Customer: replied 3 years ago.
Ok final questions. Once we dismiss, can he come back and try it again by reinstating his LLC? The lawyer suing us is the registered agent of the LLC? can we go after him for this sort of conduct with the bar association?
Expert:  MShore Law replied 3 years ago.
Yes, also the attorney suing you being the registered agent of the LLC is legally irrelevant. You can file a motion for sanctions against that attorney for filing a frivolous suit.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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