Personal Response, but LLC Fails to Respond to Complaint

[Gracie]

My husband and I are defendants in a civil case in the Superior Court. The complaint is against us personally and against our LLC.

We understand that we may file a response on our own behalf, personally, but that our LLC must have an attorney file its response.

We are not in a position to hire an attorney.

My question is what will happen if we file our personal response, the but the LLC does not?

Would the Plaintiff win by default? What would happen to our personal response?

The LLC does not have any assets.

[BOR]

Originally Posted by Gracie We understand that we may file a response on our own behalf, personally, but that our LLC must have an attorney file its response.

How do you know this? Does your state Rules of Civil Procedure mandate that?

[Gracie]

Yes. In Arizona a business must be represented by an attorney. We had asked the court to waive this rule, but were denied.

[BOR]

Originally Posted by Gracie Yes. In Arizona a business must be represented by an attorney. We had asked the court to waive this rule, but were denied.

If that is the case, and I m not a lawyer, the best bet is to have an Initial conversation with a lawyer, usually free or around 100 bucks. Present the facts and ask how much it will take to draw up an Answer or Motion to Dimisss or similar Pleading.

You don't have many options, either try to settle before your response is due or try to seek help from a local legal aid society.

[Gracie]

The LLC has no assets. We only used it to hold a company. It was sold, and now the buyer is suing us.

Since we have no assets in it to protect, we don't care if the Plaintiff wins a judgment by default because they wouldn't be able to collect anything.

I am just trying to figure out if that would mean that the win would also be against us personally.

[BOR]

Originally Posted by Gracie The LLC has no assets. We only used it to hold a company. It was sold, and now the buyer is suing us. Since we have no assets in it to protect, we don't care if the Plaintiff wins a judgment by default because they wouldn't be able to collect anything. I am just trying to figure out if that would mean that the win would also be against us personally.

That would take an attorney to answer IF the Judgment would be enforceable if a default is rendered against the LLC and whether there is Joint or Several liability.

Call the local Bar Association, they have an Attorney referal service of Attorneys who give a discount on initial consultations.

Hi Gracie,

I am in the same situation and looking for a good answer. If you find one could you reply and if I do I will reply as well. Good luck!