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  1. #11
    Join Date
    Sep 2013
    Posts
    312

    Default Re: Held Personally Liable for the Debts of a LLC, Appeal Denied

    Quote Quoting gigoloamericano
    View Post
    since i was a member of an LLC can i file a lawsuit fora frivolous suit against me? or a abuse of process?
    As everyone has mentioned before, get a lawyer.

    This entire situation could have been avoided if you had gotten one. Learn from this

  2. #12

    Default Re: Held Personally Liable for the Debts of a LLC, Appeal Denied

    I tried, contacted 3 lawyers and they conflicted out...

    paid rent and went to eviction hearing with the deposit slip to prove it from landlords bank... should have been cut and dry... i cant redo the past but what can i do now? i want to have some idea when i can finally find a lawyer with some what of a plan

    i PAID and should not have to pay again, this is typical small town BS there has to be some recourse and i am still trying to find a lawayer but the attorney in that case grew up here his dad was a lawyer here and he and his brother are lawyers here and to top it off he is the city's attorney

  3. #13
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Held Personally Liable for the Debts of a LLC, Appeal Denied

    Michigan is a pretty big state. There are attorneys from north to south and east to west and can guarantee you they don't all know each other. Many likely have no idea anything about your local politics. Just as in your understanding of the suit in general, your view is very short sighted.


    I suspect the reason a judgement was entered against you is you failed to properly argue you should not be a defendant.

    Upon re-reading your first post I question whether you were actuslly paid 100% up to date. If you were owing for part of July, well, you were delinquent. Given the amount of the award it sounds like your lease did not expire on Sept 1 so I cannot even guess where you stood as far as rent owing.

    personally I cannot see fighting this as financially practical. You could easily spend more than $3k to fight this again.

    Quote Quoting gigoloamericano
    View Post
    since i was a member of an LLC can i file a lawsuit fora frivolous suit against me? or a abuse of process?

    First, no but no especially since you have had a judgment awarded against you which proves there was nothing frivolous or improper about including you in the suit b

  4. #14

    Default Re: Held Personally Liable for the Debts of a LLC, Appeal Denied

    I understand that there are many lawyers to choose from.

    the question of the $150 was partially from a companion case that the rent was put in escrow by Judge.. she told him he had to go to small claims for that $150. and that was on MONDAY Oct 5th the same date i was told i could no longer defend myself because of being a LLC that signed the lease... the companion case was breach of contract NOT a money Judgement

    so Oct 5th i started looking for a lawyer for this eviction case on Oct 7th!

    Just so you can see, yes i was $150 behind but not $700... i went with that receipt



    the judgement against me was $1715 me personally and the LLC for $1715

    she added on $700 for October but that could be less if i moved out earlier $23.01 per day... i moved out on Oct 14th

  5. #15
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Held Personally Liable for the Debts of a LLC, Appeal Denied

    Ok, if you were behind, unless you had an agreement in place to allow for that you were behind in rent.

    A suit such as this is always a breach of contract with the money damages generally based on the amount of rent owed for the entire remainer of the lease.

    If you did not act properly
    upon answering the complaint then you will be considered a defendant and a judgment can be placed against you.



    And you tried to find an attorney in 2 days? Seriously?

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