LLC getting sued

[dh2]

What is the name of your state (only U.S. law)? Florida

Hello, I own a small car dealership (LLC) & I just received a certified letter from a finance company I work with. I wasn't at the office so I just got a note from the Post Office about the certified letter.
What should I do? A friend of mine told me if I don't go to the PO to claim it and sign for it there is no way for them to take me to court? Like they cannot file a lawsuit if I don't get served... Is that true?
What should I do? I strongly feel they are in the wrongdoing ...but there is personal guarantee I believe. Should I consider filing for a Bankruptcy?
Also if we do go to court- can I represent myself? I cannot afford a lawyer .Plus I'm in FL and the finance company is in Nevada...how would that play out?
Any suggestions will be greatly appreciated?
Thanks!

 

[tranquility]

While there are potential issues that are more litigious if you don't sign, it is almost always better to know what you face.

Get the letter.

Hiding is for little girls walking in the forest.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

Hello, I own a small car dealership (LLC) & I just received a certified letter from a finance company I work with. I wasn't at the office so I just got a note from the Post Office about the certified letter.
What should I do? A friend of mine told me if I don't go to the PO to claim it and sign for it there is no way for them to take me to court? Like they cannot file a lawsuit if I don't get served... Is that true?
What should I do? I strongly feel they are in the wrongdoing ...but there is personal guarantee I believe. Should I consider filing for a Bankruptcy?
Also if we do go to court- can I represent myself? I cannot afford a lawyer .Plus I'm in FL and the finance company is in Nevada...how would that play out?
Any suggestions will be greatly appreciated?
Thanks!

You have no idea what the certified letter contains. Pick it up. There is no point avoiding service. They will just use an alternate method.

 

[dh2]

You have no idea what the certified letter contains. Pick it up. There is no point avoiding service. They will just use an alternate method.

Well...I did pick it up and it is a demand to pay them the amount of money they think I owe them and if I don't ,they threaten a lawsuit. So...what's next?
Thank you!

 

[Zigner]

Well...I did pick it up and it is a demand to pay them the amount of money they think I owe them and if I don't ,they threaten a lawsuit. So...what's next?
Thank you!

What's next? That's really not a legal question.

I guess that you can pay the amount they are asking for or risk a lawsuit. A third option would be to attempt to negotiate a lower amount.

 

[dh2]

What's next? That's really not a legal question.

I guess that you can pay the amount they are asking for or risk a lawsuit. A third option would be to attempt to negotiate a lower amount.

I realize it's not a legal question but it's a question. I do not want to pay them because I feel like I shouldn't have to pay them. They made a mistake,it's not my fault...I really do think I have a case and I'll fight it till the end.
Few unknowns I would like to clarify:
1. I'm in FL & they are in NV.How would a lawsuit work given the distance. Where would a lawsuit be filed,do I have to personally show up in court,etc...
2.Do I have to hire a lawyer or can I possibly represent myself?
3. If they do win - am I going to be responsible for lawyers fees,etc?...and can I arrange a payment plan in case I end up losing?
Thanks!

 

[Zigner]

I realize it's not a legal question but it's a question. I do not want to pay them because I feel like I shouldn't have to pay them. They made a mistake,it's not my fault...I really do think I have a case and I'll fight it till the end.
Few unknowns I would like to clarify:
1. I'm in FL & they are in NV.How would a lawsuit work given the distance. Where would a lawsuit be filed,do I have to personally show up in court,etc...
2.Do I have to hire a lawyer or can I possibly represent myself?
3. If they do win - am I going to be responsible for lawyers fees,etc?...and can I arrange a payment plan in case I end up losing?
Thanks!

1: It depends on the facts in the matter.
2: It depends on the facts in the matter.
3a: (lawyers fees, etc) It depends on the facts in the matter
3b: (payment plan) It depends on whether or not they are willing to accept a payment plan. That won't be something that's decided at the initial hearing.

 

[Paul84]

I realize it's not a legal question but it's a question. I do not want to pay them because I feel like I shouldn't have to pay them. They made a mistake,it's not my fault...I really do think I have a case and I'll fight it till the end.
Few unknowns I would like to clarify:
1. I'm in FL & they are in NV.How would a lawsuit work given the distance. Where would a lawsuit be filed,do I have to personally show up in court,etc...
2.Do I have to hire a lawyer or can I possibly represent myself?
3. If they do win - am I going to be responsible for lawyers fees,etc?...and can I arrange a payment plan in case I end up losing?
Thanks!

1. If the defendants can plausibly allege that you harmed them in NV, even if everything was done remotely, they could file in NV, which would be most convenient for them, unless for some bizarre reason, FL law heavily favors plaintiffs in this type of case, compared to NV law.

2. You do not have to hire a lawyer. I'm a pro-se plaintiff (and a non-lawyer who never considered hiring any counsel). I have been in a New York federal case that I filed years ago from outside the U.S. I only had to go to New York once when defendants insisted on deposing me there, and the judge sided with their arguments over mine (as to hardship etc). I did not depose any of the defendants because I had ample documents to prove my case. However, based on case law that I reviewed, as the plaintiffs, they would have to depose you in your home state by sending their lawyers there (or could do so via phone/videoconference). So you'd only have to go to NV in the unlikely event of trial, which occurs in perhaps 3-4% of cases.

3. Unlike in the U.K., for example, it is rare under U.S. law for the losing party to pay the other side's legal fees (what the lawyers charge per hour), unless there is a federal law requiring it (as in various employment-type cases to help wronged, individual plaintiffs against well-heeled corporates). However, the losing side pays the other's costs, which are far lower--e.g. photocopying expense, any mailing if not exchanging documents electronically, cost of filing the case and serving the complaint on you. Another instance of having to pay the winner's legal fees would be if the plaintiffs file a clearly frivolous claim (or if you filed a clearly frivolous counterclaim), the judge might order payment for all or much of such fees as punishment. As far as I can tell, that's also rare. As for payment plan, I expect it's possible, even likely: you can't squeeze blood from a stone, which is why some losing individual defendants have their wages garnished: they have no savings to collect, so the plaintiff basically gets paid the judgment in monthly instalments from their pay checks.

 

[Zigner]

3. Unlike in the U.K., for example, it is rare under U.S. law for the losing party to pay the other side's fees, unless there is a federal law requiring it (as in various employment-type cases to help wronged, individual plaintiffs against well-healed corporates). Another instance would be if the plaintiffs file a clearly frivolous claim (or if you filed a clearly frivolous counterclaim), the judge might order payment of the winning side's fees as punishment. As far as I can tell, that's also rare.

So, you can't think of another instance where attorney's fees would DEFINITELY be awarded? Of course, we don't have all of the information to know if that is possible in THIS case - the OP would want to review the matter with an attorney to make sure.

 

[Paul84]

So, you can't think of another instance where attorney's fees would DEFINITELY be awarded? Of course, we don't have all of the information to know if that is possible in THIS case - the OP would want to review the matter with an attorney to make sure.

No, and I expect you can't either, or else you would have mentioned it.

Even if defendants could claim, and prove, payment of punitive damages for outrageous conduct in defendant's having harming them, I doubt that attorneys' fees would be due. In such an unlikely event, it would also be a relatively moot point, since punitive damages could potentially dwarf the size of any legal fees.

Rest assured, I carefully researched the matter in my own case (as a plaintiff) since I'm up against a multinational firm with a biglaw legal team. Of course, their answer to my complaint has demanded legal fees (to scare a presumedly ignorant pro se) but they don't have a snowball's chance of getting any.

 

[Zigner]

No, and I expect you can't either, or else you would have mentioned it.

How do we know it's not included in the contract between the OP's LLC and the finance company?

 

[Paul84]

How do we know it's not included in the contract between the OP's LLC and the finance company?

Excellent point, Zigner (and I'm glad I was able to squeeze it out of you).

 

[Zigner]

Excellent point, Zigner (and I'm glad I was able to squeeze it out of you).

No worries - I just wanted the OP to understand that, despite your assurance that there was absolutely no way they could get attorney's fees, there was a possibility of it.