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Alex Esquire
Alex Esquire, Attorney
Category: Business Law
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Experience:  Experienced Licensed Attorney
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How do you sue an LLC in small claims court in Tarrant County

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How do you sue an LLC in small claims court in Tarrant County Texas? I listed the partners name on my complaint and the judge said simply "You can't do that. Refile it !"
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

LLC is a legal entity, so if you have a legal claim against the LLC you would name only the LLC as a defendant and not any of its members, as they are not personally responsible for the claims brought against the LLC.
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Customer: replied 4 years ago.

When I originally tried to file the complaint in small claims court, the court said I could not sue a company in small claims court, I had to sue/name an individual in my complaint. I then refiled my complaint and specifically listed the name of the primary partner on my complaint. Then, when I went to my preliminary hearing, the judge said my paperwork was incorrect and I had to refile it. He said he could not offer any comments regarding what was wrong, but I had to refile. Now I suddenly get a letter telling my continuance is to be heard on Oct 8.

Dear JM,

You do have to name the LLC and LLC can be sued in the small claims court in Texas, but you would have to serve the registered agent of the LLC with the service of process.

Here is the link to the official Texas Small Claims court website, that describes in great detail the process of suing a person or a corporation/llc in a small claims court:

http://www.co.collin.tx.us/justices_peace/forms/.pdf

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