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Attorney2020
Attorney2020, Attorney
Category: Business Law
Satisfied Customers: 2578
Experience:  I am a practicing attorney. I have experience in business law, bankruptcy, real estate law and estates.
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I am being sued in Small claims court by a billboard advertising

Customer Question

I am being sued in Small claims court by a billboard advertising co. This is for an unpaid debt for a company that my spouse owned (before it failed and was closed). It was an LLC, and I had no ownership in the company whatsoever. I am tied to this simply because I signed the agreement on behalf of the company to purchase billboard space, as an accounts payable representative. On the contract there was no space that said "Company Name" "or on behalf of", it just said "Signature____________". I signed it with my name. However, the top of the contract had the his company name "Warlord Supply" with the address, etc. Also, all invoices received were always addressed to Warlord Supply, his business, and not to me. However, now they are suing me personally because I signed the agreement. What should I do?
Submitted: 4 years ago.
Category: Business Law
Expert:  Attorney2020 replied 4 years ago.

Attorney2020 :

Since the company was an LLC, you are not personally liable for any debts related to the company as long as your were obeying the corporate formalities of the company. Appear in small claims court and object the debt. Otherwise a default judgment will be issued and enforced against you personally. The LLC is responsible for the debt, not you personally.

Attorney2020 :

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Information given is not legal advice. I am not your attorney. The information given is general only. I am not establishing or accepting an attorney-client relationship with you. All posts are available for public viewing.

JACUSTOMER-i70vbazy- :

So, when I appear in Small claims court, I just say I object to the debt? Do I take copies of the invoices that were addressed to the company, and in no way addressed or implicated me as any kind of responsible party? What else should I take?

JACUSTOMER-i70vbazy- :

My other question would be that I am going to have to travel to a different city for this, and take time off work for this. Can I countersue for lack of a better term) for this expense?

Attorney2020 :

File an answer to the complaint addressing this issue. You can countersue for costs and damages, it is up to th ejudge to grant it. Also, bring any and all LLC formation documents (Articles of Incorporation, EIN Number, Operating Agreement) and other documents mentioned to prove that the LLC existed.

JACUSTOMER-i70vbazy- :

How do I file this answer addressing the complaint? Is there any chance a judge can decide before we go to court that there is no case?

JACUSTOMER-i70vbazy- :

How do I file this answer addressing the complaint? Is there any chance a judge can decide before we go to court that there is no case?

JACUSTOMER-i70vbazy- :

Guess no one is coming back, it has been over 50 minutes.

JACUSTOMER-i70vbazy- :

I did, and still no one has come back in almost an hour.

Attorney2020 :

Look at the complaint and see which courthouse the complaint is filed in. Once you obtain the address, pick up an answer form at the courthouse and fill it out and state your objections. A for the judge throwing it out, that doesn;t happen in small claims court,

Attorney2020 :

I hope this helps.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

I am not entering into an attorney client relationship, this is a public forum, and all posts

are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Information given is not legal advice. I am not your attorney. The information given is general only. I am not establishing or accepting an attorney-client relationship with you. All posts are available for public viewing.