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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38119
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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Received a commercial eviction summary and the LLC. Can I

Customer Question

Received a commercial eviction summary for myself and the LLC. Can I answer for the LLC or do I need an attorney to do that?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

You can answer for yourself, but you must have an attorney represent the LLC. This is a difficult issue, since, your answer may be identical to that which would be presented for the LLC. However, if you sign on behalf of the LLC, the plaintiff can file a motion to strike your complaint as the unauthorized practice of law, and the court would be forced to oblige. So, if you intend to answer for yourself, make sure that your complaint clearly expresses the fact that you are only representing yourself in your individual capacity.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 1 year ago.
does the LLC have to answer at all, since I am listed as a defendant, and I am answering as myself?
Expert:  socrateaser replied 1 year ago.

If your lease is in the name of the LLC, and you are a personal guarantor, then only the LLC would answer. If the lease shows both you and the LLC as cotenants, then you would both have to answer.

Note: I'm on a flight at the moment, and my internet access is intermittent. Sorry for any delays.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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