You have assisted me in the past. Thank you. I will try to be short and to the point; however, I need to provide a brief history. We are in the debt collection business
. When we started we were a sole proprietorship. We recently changed our structure to a California LLC
. We have recently been informed that a LLC or Corp can not represent itself in court. We took this to mean that officers could not physically appear in court but could submit filings such as Acknowledgment of Assignment of Judgment, EWO, and motions. Now it is our understanding that officers can not file court documents for the LLC.
We currently have Acknowledgment of Assignment of Judgments, EWOs, Opposition to Exemptions, and a Motion filed with the court by the president of the LLC. All of which have been accepted by the court. My question is on the motion before the court. It is scheduled for hearing on April 26, 2012. If we get an attorney to represent us on the motion at the hearing, do we need to file a new or amended motion with the attorney’s name as the attorney of record. We don’t want to bring to the courts attention that our president filed the motion. Also, if the court accepted our Acknowledgment of Assignment of Judgments, which was filed by our president, is it a valid assignment?
Thank you for your time and assistance in this matter.