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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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October 29, 2015 I, as an individual ,entered into an

Customer Question

October 29, 2015 I, as an individual ,entered into an Agreement to provide a service which was provided.
February 4, 2016 I formed a Florida LLC using same name as in the 10/29/15 Agreement.
February 25, 2016 my LLC entity was served a lawsuit regarding the 10/29/15 Agreement.
Can an attorney legally sue a LLC for actions performed months prior to its existence?
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

They can legally sue the LLC but the LLC can be dismissed out of the case via a Motion for Summary Judgment or a Motion to Dismiss.

Sometimes LLCs retroactively approve an action, etc. which means they are on the hook for it so the attorney will almost always sue an LLC that is involved in a situation or that they believed might have been involved in a situation.

When you file your Motion for Summary Judgment the attorney will likely respond with an explanation and evidence as to why they believe it was a proper party.

Expert:  Dwayne B. replied 6 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

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