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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24870
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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LLC sue california, I filed a lawsuit here in california to

Customer Question

LLC sue california, I filed a lawsuit here in california to another LLC and their members personally. They haven't responded to the complain. They are broke, they said that they don't have $ to pay to attorney to answer complain. Question is, to answer, can they do it in Pro Per or hire an attorney since this is llc and their names are XXXXX XXXXX complain??
Now, what happens if they don't answer, I win, plus a judgment against them right? what is the next step to collect? they are broke. LLC owns nothing, their personal names, I don't know anything about them, I don't know their Social Sec. numbers or nothing.
what are my options here?? and can they respond pro per my complain?
attorney or experts only please, California experts prefer.
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Pro replied 3 years ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is Fred and I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


No, they can't answer "pro per" ALL corporations, because they are fictious entities MUST be represented by legal counsel.


Now they can represent themselves IF they are individually named defendants in additiion to the corporation. But they cannot represent the corporation.

Now, what happens if they don't answer, I win, plus a judgment against them right?

Correct.

what is the next step to collect? they are broke. LLC owns nothing, their personal names, I don't know anything about them, I don't know their Social Sec. numbers or nothing.

You may be very liimited. What are you suing the corporation about?
Customer: replied 3 years ago.

okay, so can they respond individually as pro per? and it is up to them for the llc if they don't have money for llc counsel correct?


They concern is that we did a contract with the llc and they say why I named them personally, they want to removed themselves from lawsuit, I am okay with it, but my attorney put their names on it.


So, pro per answer to remove themselves from lawsuit, they can do that right?


 


I am suing them for $20k, they did not pay me as per contract.


So, question is. If they don't answer, what are my options?


collect.


Can I collect or put judgement on their name, I dont know info about them. So is it worth it to keep paying my attorney high fees to sue them?


 

Expert:  Law Pro replied 3 years ago.
Only if you sued them in their individual capacity can they answer pro per. If you just named them within the suit and only filed suit against the corporation - then they can't answer.

For example:

If you sued:

ABC corporation, John Doe, and Jane Doe

Then they could answer pro per.

But if you only sued ABC corporation - then they can't.


Who exactly did you sue?
Customer: replied 3 years ago.

i sued, abc llc, person1 and person 2


 


and answer previous questions please.

Expert:  Law Pro replied 3 years ago.
They concern is that we did a contract with the llc and they say why I named them personally, they want to removed themselves from lawsuit, I am okay with it, but my attorney put their names on it.

YOUR ATTORNEY IS/WAS CORRECT TO NAME THEM PERSONALLY. MAYBE THEY CAN GET OUT AND BE DISMISSED FROM THE SUIT - BUT THAT WOULD THE DECISION OF THE JUDGE.

So, pro per answer to remove themselves from lawsuit, they can do that right?

 

YES, THAT'S CORRECT - THEY CAN ANSWER PRO PER.

 


I am suing them for $20k, they did not pay me as per contract.

 

LIKELY, UNLESS THERE WAS FRAUD - THEY CAN GET OUT OF THE SUIT INDIVIDUALLY.


So, question is. If they don't answer, what are my options?


collect.


YES, YOU CAN REDUCE THE AWARD OR DAMAGES TO A JUDGMENT AND THEN PURSUE THEM JOINTLY AND SEVERALLY FOR THEN ENTIRE JUDGMENT BALANCE.


Can I collect or put judgement on their name, I dont know info about them. So is it worth it to keep paying my attorney high fees to sue them?

 

 

I WOULD KEEP YOUR ATTORNEY ON THE MATTER UNTIL YOU DO GET JUDGMENT AGAINST THEM.

 

THEN ONCE YOU GET JUDGMENT - YOU CAN TRY PURSUING IT YOURSELF OR PAY THE ATTORNEY TO PURSUE THE JUDGMENT.

 

If you do get judgments against them individually:

 

Judgments may be enforced (collected) in a variety of ways. An Abstract of Judgment recorded with the County Recorder in a county where defendant owns real property may create a judgment lien. This may require payment if certain real property is sold or refinanced. Other lien and enforcement mechanisms may be available in specific circumstances. If a debtor is a plaintiff in a different lawsuit, or a beneficiary in an estate proceeding, the creditor may be entitled to a lien against a recovery from the lawsuit or inheritance. Judgments may also be enforced by garnishment of wages. By following proper procedures, a judgment creditor may be permitted to obtain up to 25% of net pay during each pay period. However, this remedy may be subject to a claim of exemption by individuals. The Court may determine that all or a larger portion than 75% is necessary for the support and maintenance of the defendant and his family members. In addition, in a case where the defendant is currently subject to a current child support order, the creditor may have to wait until the child support order expires, or may receive less than 25% of net earnings per pay period. Other personal property which may be subject to levy are bank accounts, property in a safe deposit box, accounts receivable, and many other items. A judgment creditor may also create a lien against a judgment debtor's business equipment and inventory by filing a lien with the Secretary of State. A post-judgment debtor examination may be used to obtain information about the judgment debtor's assets or employment status. This process requires a Court Order requiring the debtor to appear in Court on a specific date. A representative of the creditor/plaintiff must appear to conduct the examination. The debtor must respond under oath to the judgment creditor's questions regarding assets. The questions must be reasonable. If the defendant does not appear, some Courts may issue an arrest warrant (bench warrant), sometimes only at the request of the creditor/plaintiff. This request is viewed as an extreme measure by many creditors, and great caution should be used to be assured that records are accurate, and that identity and personal service of the Court Order to appear are absolutely certain. Always discuss such legal matters with your legal counsel. There are many exemptions from attachment of personal property. For example, property that is necessary for the support of a defendant and his family or dependents may be exempted, or not subject to attachment by judgment creditors if claimed by the judgment debtor.




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Expert:  Law Pro replied 3 years ago.
I just realized - I have two open questions from you.

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