Personal name vs. LLC sued in small claims court

[bradlm]

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

I received a summons from small claims court by a customer who listed the defendant as my personal name and also listed the company name (both), which is an LLC. I'm fairly certain I am protected by the LLC as it was the company that provided the service and I was never even present, only the owner. How do I get this changed? Do I request a dismissal by letter to the court in my response or at the trial? Would everything be stopped then, or just the name updated and the trial continued?

Thank you.

 

[justalayman]

you respond as required and provide your defenses to the claim. I do not know what you are being sued for but in some situations, the members of an LLC can be liable for an action of the LLC. If you believe you should not be included as a defendant, you must answer the summons with your reasonings as to why you believe you should not be a defendant.

what would happen, if you as an individual were released as a defendant, the case would go on with the LLC as the defendant.

Obviously, you also need to respond to the complaint against the LLC as well.

here is one rule you need to be aware of:

BUSINESS REPRESENTATION

A business, as defined by S.C. Code Ann. § 33-1-103, may be represented in a civil magistrates court proceeding by a non-lawyer officer, agent, or employee, including attorneys licensed in other jurisdictions and those possessing Limited Certificates of Admission pursuant to Rule 405, SCACR. The representation may be compensated and shall be undertaken at the business's option and with the understanding that the business assumes the risk of any problems incurred as the result of the representation. The court shall require a written authorization from the entity's president, chairperson, general partner, owner, or chief executive officer, or in the case of a person possessing a Limited Certificate, a copy of that certificate, before permitting the representation.

in fact, here is a link to the rules for the Magistrates court:

SC Judicial Department

so, that customer has finally decided to sue you over that computer?