Steve_in_FL
Junior Member
First of all, thanks to all the attorneys who participate in this blog. Your time and assistance is much appreciated!
Palm Beach County FL Small Claims County Court. Please forgive my long post as I am obviously not a lawyer and this was the first time I was ever sued.
I have an LLC that is no longer in business as of today. When the LLC was operating a former client contracted and paid the LLC for work. We had a dispute and I would not return ALL her money because I substantially performed on the contract. The former client made a mistake and sued me and the registered agent individually. I went to a pretrial hearing in June and offered her part of the money back. She declined and we went into court.
1. The registered agent made a motion to strike and it was granted, removing her from case.
2. I made a motion to dismiss because my LLC did business with the client, not me individually. The motion was denied, however, the judge granted a substitution of me individually to my LLC and wrote it on the motion.
The judge wrote the following on the motion to dismiss: Section 48.061 provides “After service on a general partner or agent [of a limited partnership] the plaintiff may proceed to judgment and execution against the limited partnership and all the general partners individually.” Defendants LLC shall be substituted for him individually.
An LLC in not a general partnership, right? Is this applicable?
3. Trial was set September 18 2009 and I received the order setting the trial but my name still appeared individually, not my company name.
4. On the day of the trial I was about 20 minutes late for good reason. The trial started prior to my arrival and the judge said, “I have already heard the plaintiff’s testimony and was about to rule in their favor but let’s hear your testimony”.
5. I testified and the judge said I would get the decision in the mail.
6. I received the verdict 4 days later dated for the same day of the trial, September 18, in favor of the plaintiff for the full amount for $2000 plus courts costs and interest. My counter claim was denied.
7. Along with the final judgment was a motion to add me individually. It must have been prior to my arrival and I never had a chance challenge it. The majority of the plaintiffs testimony was heard prior to my arrival. The judge re-added me (but it seems she never took me off individually anyway). There is absolutely no reason for me to be added individually that I can see. All business was done through my LLC including the contract.
7. I don’t want be on individually. I thought a primary reason to have an LLC was so a person can’t be held personally liable in these instances.
Can I ask for a rehearing, or appeal? Your help is appreciated!
Palm Beach County FL Small Claims County Court. Please forgive my long post as I am obviously not a lawyer and this was the first time I was ever sued.
I have an LLC that is no longer in business as of today. When the LLC was operating a former client contracted and paid the LLC for work. We had a dispute and I would not return ALL her money because I substantially performed on the contract. The former client made a mistake and sued me and the registered agent individually. I went to a pretrial hearing in June and offered her part of the money back. She declined and we went into court.
1. The registered agent made a motion to strike and it was granted, removing her from case.
2. I made a motion to dismiss because my LLC did business with the client, not me individually. The motion was denied, however, the judge granted a substitution of me individually to my LLC and wrote it on the motion.
The judge wrote the following on the motion to dismiss: Section 48.061 provides “After service on a general partner or agent [of a limited partnership] the plaintiff may proceed to judgment and execution against the limited partnership and all the general partners individually.” Defendants LLC shall be substituted for him individually.
An LLC in not a general partnership, right? Is this applicable?
3. Trial was set September 18 2009 and I received the order setting the trial but my name still appeared individually, not my company name.
4. On the day of the trial I was about 20 minutes late for good reason. The trial started prior to my arrival and the judge said, “I have already heard the plaintiff’s testimony and was about to rule in their favor but let’s hear your testimony”.
5. I testified and the judge said I would get the decision in the mail.
6. I received the verdict 4 days later dated for the same day of the trial, September 18, in favor of the plaintiff for the full amount for $2000 plus courts costs and interest. My counter claim was denied.
7. Along with the final judgment was a motion to add me individually. It must have been prior to my arrival and I never had a chance challenge it. The majority of the plaintiffs testimony was heard prior to my arrival. The judge re-added me (but it seems she never took me off individually anyway). There is absolutely no reason for me to be added individually that I can see. All business was done through my LLC including the contract.
7. I don’t want be on individually. I thought a primary reason to have an LLC was so a person can’t be held personally liable in these instances.
Can I ask for a rehearing, or appeal? Your help is appreciated!