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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.
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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?
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?
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.
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?
Guess no one is coming back, it has been over 50 minutes.
I did, and still no one has come back in almost an hour.
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,
I hope this helps.
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.
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