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I am a member of an LLC and wish to sue someone in small…

Customer Question
I am a member...

I am a member of an LLC and wish to sue someone in small claims court. Can I do this for the LLC? Can I sue personally on behalf of the LLC?

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

New York

Lawyer's Assistant: Has anything been officially filed? If so, what?

On the LLC or the case?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing filed on the case.

Submitted: 8 months ago.Category: Business Law
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Answered in 2 minutes by:
9/25/2017
Business Lawyer: Roy Hadavi,
 replied 8 months ago
Roy Hadavi
Category: Business Law
Satisfied Customers: 1,280
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

As long as the operating agreement for the LLC provides that a member may sue on behalf of the LLC and a majority of the members of the LLC (based on percentage ownership) approve of the suit.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 8 months ago
This is to sue a tenant who defaulted on a lease. The LLC is the landlord and all members will agree. So I can take this to small claims court in NY. The information on the website says individuals, corporations, partnerships and associations. Is an LLC considered one of these? How can I be sure? Thanks.
Business Lawyer: Roy Hadavi,
 replied 8 months ago

Sorry, I misunderstood your question.

New York City specifically excludes LLCs from filing a small claims case.

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Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Business Law
Satisfied Customers: 1,280
1,280 Satisfied Customers
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