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Irwin Law
Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 7168
Experience:  30+ yrs. representing small business, real estate, probate
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I am being listed in a suit against an LLC that I am a

Customer Question

I am being listed in a suit against an LLC that I am a partner in, being listed as a defendant personally. the contract was in the corporations name not mine as an independent
Submitted: 1 year ago.
Category: Business Law
Expert:  Irwin Law replied 1 year ago.

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Customer: replied 1 year ago.
how do i respond in the summons as I should not be listed jointly as an individual, the contract is between the business and the plaintiff, I was acting as a representative of the llc . I am trying to get a quick reply back to the complaint and when my attorney gets back from vacation on the 27th we are filing a breach of contract counter possibly, I may just muscle with the counter to get them to accept a reasonable solution that is acceptable to us. They are indeed in breach of the contract they signed.
Expert:  Irwin Law replied 1 year ago.

If you were just served and have 20 - 25 days to Answer the complaint, that gives you time until after October 1. That should be adequate time for your attorney to file a quick Motion To Extend the time to Answer the complaint, which are automatically granted. However, if you do not have that much time, then you should file the motion on your own, pro se, so that the other side cannot move for a default judgment either against you or the LLC. If the LLC has its own attorney then that attorney may represent you too in order to obtain an extension.

I hope that this information is helpful and that you will enter a positive rating. That is the only way I will be compensated for assisting you. Bonuses are appreciated too. I will be happy to answer follow-up questions which relate to this one. Also, since we are not acting as your attorney be sure to confirm our information with a local attorney. Thanks for choosing JUST ANSWER.

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