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Richard, Attorney
Category: Business Law
Satisfied Customers: 53678
Experience:  32 years of experience practicing law and a businessman.
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I worked for an llc business that is now closed but before

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I worked for an llc business that is now closed but before they closed I was was served a small claims court summons at work as a co defendant for advertising expenses incurred by the llc. The llc manager was listed as the first defendant but he was not able to be served. I was only an employee (and now that business is closed no longer even that) and no part of the business ownerhsip or llc. Can I be liable for the business's bills? Do I have to go to this hearing or is there something I can file saying I am not a responisble party and was served in error?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. You are not liable for the debts and liabilities of the LLC. So, you have no personal liability for this debt. But, since you are named as a defendant, you do have to take action to avoid having a default judgment issued against you. Initially, you can ask the court to simply dismiss you as a defendant as you are not the proper party because the debt belongs to the LLC. Sometimes a court will not dismiss it at this stage as the court wants to determine the facts to insure that you are not somehow liable. If that's the case, you will want to show up at the hearing and contest it at the hearing. You will prevail in this, but you just want to make sure not to ignore things so they don't get a default judgment.

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Customer: replied 3 years ago.

How do I ask the court to dismiss me as a defendant? Is there a special form to file ahead of time or do I have to do that at the hearing?

Thanks for following up. Each small claims court system has its own set of forms. If you contact the court clerk for the court in which this suit was filed, the clerk can provide you the proper form upon which to file your request to dismiss.
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